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

22 January 2020 (*)

(Removal from the Register)

In Case T‑35/18,

La Marchesiana Srl, established in Milan (Italy), represented by M. Franzosi, F. Santonocito and A. Sobol, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Fischer, acting as Agent,

defendant,

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

Marchesi 1824 Srl, formerly Marchesi Angelo Srl, established in Milan (Italy), represented by G. Guglielmetti and P. Tammaro, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 14 November 2017 (Joined Cases R 1753/2016-4 and R 1802/2016-4), relating to revocation proceedings between Marchesi Angelo and La Marchesiana,

1        By letters lodged at the Registry of the General Court on 29 November 2019 and 2 December 2019, the applicant and the intervener each informed the Court that they had reached agreement on a solution bringing the dispute to an end. For that reason, they also requested the President of the Chamber, on the one hand, to order the removal of the case from the Court Register on the basis of Article 124 of the Rules of Procedure of the General Court and, on the other, to order each party to bear its own costs.

2        By a letter lodged at the Court Registry on 13 December 2019, the defendant, first, stated that it had no objection to the case being removed from the Register and, second, requested not to be ordered to bear the costs.

3        Pursuant to Article 124(2) of the Rules of Procedure, Article 124 of those rules is not applicable to appeals covered by Article 263 TFEU. Article 124 of those rules is therefore not applicable to the present case.

4        The letter lodged at the Court Registry on 29 November 2019 by the applicant must therefore be interpreted as a request for discontinuance, on the basis of Article 125 of the Rules of Procedure, requesting the President of the Chamber to order the removal of the case from the Register.

5        Under Article 136(1) of the Rules of Procedure, a party who discontinues proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. Article 136(3) of those rules further provides that, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.

6        In the present case, it is therefore appropriate, first, to remove the case from the Register and, second, to order the applicant and the intervener to pay their own costs in accordance with their agreement and to order the applicant to pay the costs incurred by the defendant, in accordance with the form of order sought by the defendant.

On those grounds,

THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T‑35/18 is removed from the Register of the General Court.

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

3.      Marchesi 1824 Srl shall bear its own costs.

Luxembourg, 22 January 2020.

*      Language of the case: English.

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