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

15 January 2021(*)

(Removal from the register)

In Case T-199/20,

Aldi Stores Ltd, established in Atherstone (United Kingdom), represented by S. Barker, Solicitor and C. Blythe, Barrister,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by H. O’Neill and D. Hanf, acting as Agents,

defendant,

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

Dualit Ltd, established in Crawley (United Kingdom), represented by D. Ivison, Barrister,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 14 February 2020 (Case R 1034/2019-4), relating to cancellation proceedings between Aldi Stores and Dualit.

1        By letter lodged at the Court Registry on 7 December 2020, 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 subject of an agreement between the parties, according to which there be no award of costs.

2        By letter lodged at the Court Registry on 10 December 2020, the defendant informed the Court that it had no objections to the application for discontinuance of the proceedings and requested that it should not be ordered to bear the costs.

3        By letter lodged at the Court Registry on 22 December 2020, the intervener informed the Court that it agreed with the removal of the case from the register and confirmed that there should be no order for the costs.

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. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.

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, 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.

7        In such circumstances, there is no longer any need to adjudicate on the compliance with Article 56a(4) of the Rules of Procedure of the intervener’s response.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-199/20 is removed from the register of the General Court.

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

3.      Dualit Ltd shall bear its own costs.

Luxembourg, 15 January 2021.

* Language of the case: English.

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