ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT

16 July 2014 (1)

(Removal from the register)

In Case T-577/13,

Zehnder Verkaufs- und Verwaltungs-AG, established in Gränichen (Switzerland), represented by J. Krenzel, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,

defendant,

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

UAB “Amalva”, established in Vilnius (Lithuania), represented by R. Žabolienė and E. Saukalas, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 August 2014 in Case R255/2012-4 relating to the cancellation proceedings between UAB “Amalva” and Zehnder Verkaufs- und Verwaltungs-AG,

1        By letter lodged at the Registry of the General Court on 16 June 2014, the applicant informed the General Court that the applicant and the intervener had reached a settlement and that, therefore, in accordance with Article 99 of the Rules of Procedure it wished to discontinue proceedings. The applicant did not seek an order as to costs.

2        By letter lodged at the Registry of the General Court on 25 June 2014, the defendant informed the General Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.

3        By letter lodged at the Registry of the General Court on 4 July 2014, the intervener confirmed the settlement of the dispute with the applicant. The intervener did not seek an order as to costs.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.

5        The case shall therefore be removed from the register. The applicant is to bear its own costs and those incurred by the defendant. The intervener shall bear its own costs.

On those grounds,

THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-577/13 is removed from the register of the General Court.

2.      The applicant shall bear its own costs and those incurred by the defendant.

3.      The intervener shall bear its own costs.

Luxembourg, 16 July 2014.

E. Coulon

        D. Gratsias

Registrar

       President