ORDER OF THE GENERAL COURT (Seventh Chamber)

26 October 2016 (1)

(European Union trade mark —Invalidity proceedings —Withdrawal of the application for a declaration of invalidity — No need to adjudicate)

In Case T-455/15,

Vitra Collections AG, established in Muttenz (Switzerland), represented by V. von Bomhard and J. Fuhrmann, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented initially by P. Bullock, subsequently by D. Hanf and finally by D. Hanf and S. Bonne, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Consorzio Origini per l’Internazionalizzazione, established in Florence (Italy), represented by S. Rizzo, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 18 March 2015 (Case R 664/2011-5), relating to invalidity proceedings between Consorzio Origini and Vitra Collections AG,

THE GENERAL COURT (Seventh Chamber),

composed of M. van der Woude, President, I. Ulloa Rubio, A. Marcoulli (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Registry on 8 September 2016, the intervener informed the General Court that it had withdrawn its application for a declaration of invalidity of the contested trade mark. It further informed the Court of an agreement reached with Vitra Collections AG concerning the costs, pursuant to which the parties shall bear their own costs incurred in relation to present proceedings.

2        By letter lodged at the Registry on 12 September 2016, the defendant raised no objection to the case being declared devoid of purpose. As this situation resulted from a settlement between the intervener and the applicant, the defendant requested the Court not to order it to pay the costs.

3        By letter lodged at the Registry on 12 September 2016, the applicant confirmed that there was no need to adjudicate on the action following the withdrawal by the intervener of the invalidity action against the trade mark at issue. It further confirmed that an agreement concerning the costs had been reached, hence, in its view, no decision in this respect was required.

4        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the withdrawal of the application for a declaration on invalidity, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

5        Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.

6        In the circumstances of the present case, the Court considers that the applicant and the intervener should bear their own costs and each is to pay half of those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Seventh Chamber)

hereby orders:

1)      There is no longer any need to adjudicate on the action.

2)      Vitra Collections AG and Consorzio Origini per l’Internazionalizzazione shall each bear their own costs and, each of them, half of those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 26 October 2016.

E. Coulon

      M. van der Woude

Registrar

      President