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

ORDER OF THE GENERAL COURT (Tenth Chamber)

6 March 2020 (*)

(European Union trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)

In Case T‑814/19,

Nutravita Ltd, established in Maidenhead (United Kingdom), represented by H. Dhondt and J. Cassiman, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

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

Pegaso Srl, established in Negrar (Italy),

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 11 September 2019 (Case R 80/2019-4), relating to opposition proceedings between Pegaso Srl and Nutravita Ltd,

THE GENERAL COURT (Tenth Chamber),

composed of A. Kornezov (Rapporteur), President, E. Buttigieg and J. Passer, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 6 February 2020, the applicant informed the Court of an agreement between the applicant itself and the other party to the proceedings before the Board of Appeal and that, pursuant to that agreement, the latter was withdrawing its opposition to the application for registration of the contested mark.

2        By letter lodged at the Court Registry on 13 February 2020, the defendant informed the Court that, by letter of 16 January 2020, it had itself also been informed of the agreement between the applicant and the other party to the proceedings before the Board of Appeal. The defendant requests the Court not to order it to pay the costs.

3        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order of 3 July 2003, Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

4        Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.

5        In the circumstances of the present case, the Court considers that the applicant must be ordered to bear its own costs and to pay those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Tenth Chamber)

hereby orders:

1.      There is no longer any need to adjudicate on the action.

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

Luxembourg, 6 March 2020.

* Language of the case: English.

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