ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE COURT OF FIRST INSTANCE
14 November 2005 (*)
«Removal from the Register»
In Case T-176/03,
Trudell Medical International, established in London (Canada), represented by H. Eichmann, G. Barth, U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke, U. Stephani, B. Allekotte, E. Pfrang, K. Lochner, B. Ertle, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Palmero Cabezas and A. Folliard-Monguiral, acting as agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being
Fisons Limited, established in West Malling (United Kingdom),
represented by R. Gilbey, lawyer
ACTION brought against the decision of the First Board of Appeal of OHIM of 17 March 2003 (Case R 643/2002-1),
THE PRESIDENT OF THE SECOND CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES
makes the following
Order
1By letter lodged at the Court Registry on 26 September 2005, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings and that the parties have come to an agreement in relation to costs, according to which the applicant and the intervener agree that each bear its own costs.
2By letter lodged at the Court Registry on 10 October 2005, the defendant indicated to the Court of First Instance that it had no objections to the discontinuance of the proceedings and would agree that each party bear its own costs.
3Article 87(5), second subparagraph, of the Rules of Procedure provides that where discontinuance has been applied for and the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER
hereby orders:
1.Case T-176/03 is removed from the register of the Court of First Instance.
2.Each party shall bear its own costs.
Luxembourg, 14 November 2005.
E. Coulon | J. Pirrung |
Registrar | President |
* Language of the case: English.