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

ORDER OF THE GENERAL COURT (Ninth Chamber)

20 July 2022 (*)

(EU trade mark – Opposition proceedings – Withdrawal of the application for registration – No need to adjudicate)

In Case T‑30/22,

Sanoptis Sàrl, established in Luxembourg (Luxembourg), represented by S. Rost, lawyer,

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

Synoptis Pharma sp. z o.o., established in Warsaw (Poland),

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, M. Kancheva (Rapporteur) and I. Dimitrakopoulos, Judges,

Registrar: E. Coulon,

having regard to the written part of the procedure,

makes the following

Order

1        By its action based on Article 263 TFEU, the applicant, Sanoptis Sàrl, seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 November 2021 (Case R 850/2021-4).

2        By letter lodged at the Court Registry on 30 May 2022, the applicant informed the Court that, on the same day, it had withdrawn its application for registration of the mark at issue and stated that the present action had therefore become irrelevant, with the result that there was no longer any need to adjudicate on it. It did not apply for costs.

3        By letter lodged at the Court Registry on 16 June 2022, EUIPO informed the Court that, in its view, the present action had become devoid of purpose and that there was no longer any need to adjudicate. EUIPO asked the Court not to order it to pay the costs.

4        The other party to the proceedings before the Board of Appeal of EUIPO did not submit any observations.

5        In accordance with Article 130 of the Rules of Procedure of the General Court, it is sufficient, in the present case, to state that, having regard to the withdrawal of the application for registration of the mark at issue, the present action has become devoid of purpose. It follows that there is no longer any need to adjudicate on it (order of 7 April 2022, Daw v EUIPO – Sapa Building Systems (alpina), T‑766/21 not published, EU:T:2022:238, paragraph 4).

6        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 General Court.

7        In the circumstances of the present case, the Court considers that it is appropriate to order the applicant to pay all the costs.

On those grounds,

THE GENERAL COURT (Ninth Chamber)

hereby orders:

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

2.      Sanoptis Sàrl shall pay the costs.

Luxembourg, 20 July 2022.

*      Language of the case: English.

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