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

ORDER OF THE PRESIDENT
OF THE FIFTH CHAMBER OF THE GENERAL COURT

12 April 2019(*)

(Removal from the register)

In Case T-4/19,

Hankintatukku Arno Latvus Oy, established in Helsinki (Finland), represented by A. Fottner and M. Müller, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek, acting as Agent,

defendant,

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

Triaz Group GmbH, established in Freiburg (Germany), represented by N. Hebeis, lawyer,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 25 October 2018 (Case R 767/2018-2), relating to cancellation proceedings between Triaz Group GmbH and Hankintatukku Arno Latvus Oy.

1        By letter lodged at the Court Registry on 28 March 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. It sought no order as regards the costs.

2        By letter lodged at the Court Registry on 3 April 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, it should not be ordered to bear the costs.

3        By letter lodged at the Court Registry on 8 April 2019, the intervener informed the Court that it had concluded a settlement agreement with the applicant according to which the applicant withdraws this court action.

4        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.

5        By its request that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in ATI Technologies v OHIM — Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph 6).

6        The case should therefore be removed from the register, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-4/19 is removed from the register of the General Court.

2.      Hankintatukku Arno Latvus Oy shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

3.      Triaz Group GmbH shall bear its own costs.

Luxembourg, 12 April 2019.

* Language of the case: English.

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