In Case T-301/13

ORDER OF THE PRESIDENT OF THE FIRST CHAMBER
OF THE GENERAL COURT

14 August 2013(1)

(Removal from the register)

In Case T-301/13,

Nordex Holding A/S, established in Dronninglund (Denmark), represented by M. Kleis, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,

defendant,

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

Fontana Food AB, established in Tyresö (Sweden),

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2013 (R 2604/2011-1), relating to cancellation proceedings between Fontana Food AB and Nordex Holding A/S.

1By letter lodged at the Registry of the General Court on 10 July 2013, 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 17 July 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3According to the first subparagraph of Article 87(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.

4The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER
OF THE GENERAL COURT

hereby orders:

1.Case T-301/13 is removed from the register of the General Court.

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

Luxembourg, 14 August 2013.

1 Language of the case: English.