Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE PRESIDENT
OF THE SECOND CHAMBER OF THE GENERAL COURT

3 July 2019(*)

(Removal from the register)

In Case T-305/17,

Red Bull GmbH, established in Fuschl am See (Austria), represented by A. Renck and S. Petivlasova, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by P. Sipos and A. Folliard-Monguiral, acting as Agents,

defendant,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 26 January 2017 (Case R 2582/2015-1), relating to an application for registration of a figurative mark representing a parallelogram in two colours as a European Union trade mark.

1        By letter lodged at the Court Registry on 6 June 2019, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings.

2        By letter lodged at the Court Registry on 19 June 2019, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that, pursuant to Article 136 of the Rules of Procedure, the applicant be ordered to bear the costs or, in any case, the defendant not to be ordered to bear the costs.

3        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

4        The case shall therefore be removed from the register and the applicant ordered to bear its own costs and to pay those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-305/17 is removed from the register of the General Court.

2.      Red Bull shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 3 July 2019.

* Language of the case: English.

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