In Case T-173/07

ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT

11 January 2010(1)

(Removal from the register)

In Case T-173/07,

Reno Schuhcentrum GmbH, established in Thaleischweiler-Fröschen (Germany), represented by D. Wagner and C. Bender-Jakobi, lawyers,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant,

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

Payless ShoeSource Worldwide, Inc., established in Topeka (United States), represented by S. Möbus, lawyer,

intervener,

Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2007 (Case R 1209/2005-1) relating to revocation proceedings between Reno Schuhcentrum GmbH and Payless ShoeSource Worldwide, Inc.

1By letter lodged at the Registry of the General Court on 25 November 2009, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.

2By letter lodged at the Registry of the General Court on 9December2009, the defendant informed the Court that it had no objections to make concerning the discontinuance of the proceedings and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs.

3By letter lodged at the Registry of the General Court on 17December2009, the intervener informed the Court that the applicant and intervener had reached an agreement according to which they would each bear their own costs.

4The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from the proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.

5The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant and the intervener should bear its own costs, in accordance with its agreement with the applicant.

On those grounds,

THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT

hereby orders:

1.Case T-173/07 is removed from the register of the General Court.

2.The applicant shall bear its own costs and those of the defendant.

3.The intervener shall bear its own costs.

Luxembourg, 11 January 2010.

1 Language of the case: English