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

ORDER OF THE PRESIDENT
OF THE NINTH CHAMBER OF THE GENERAL COURT

19 March 2019 (*)

(Removal from the register)

In Case T-336/18,

Eagle IP Ltd, established in Valletta (Malta), represented by M. Müller, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by K. Sidat Humphreys, S. Palmero Cabezas and H. O’Neill, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of the EUIPO being

Consolidated Artists B.V., established in Rotterdam (Netherlands),

ACTION brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 1489/2015-1), relating to opposition proceedings between Consolidated Artists B.V. and Eagle IP Ltd.

1        By letter lodged at the Court Registry on 20 February 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 and that the question of costs had been the subject of an agreement between the parties, according to which the other party to the proceedings before the Board of Appeal of the EUIPO and the applicant had agreed that each party would bear its own costs.

2        By letter lodged at the Court Registry on 8 March 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 should 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 NINTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑336/18 is removed from the register of the General Court.

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

Luxembourg, 19 March 2019.

* Language of the case: English.

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