In Case T-189/20

ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT

13 January 2021 (*)

(Removal from the register)

In Case T-189/20,

Chiquita Brands LLC, established in Fort Lauderdale, Florida (United States), represented by W.Pors, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J.Ivanauskas and V.Ruzek, acting as Agents,

defendant,

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

Fyffes International Unlimited Company, established in Dublin (Ireland), represented by T.Cohen Jehoram, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 21January 2020 (Case R962/2019-5), relating to cancellation proceedings between Chiquita Brands and Fyffes International Unlimited Company.

1By letter lodged at the Court Registry on 2December 2020, the applicant informed the Court, in accordance with Article125 of the Rules of Procedure of the General Court, that following an agreement reached with the intervener, it wished to discontinue proceedings. The applicant further informed the Court that, as agreed between the applicant and the intervener, each party shall bear their own costs.

2By letter lodged at the Court Registry on 11December 2020, the defendant informed the Court that it had no objection to the discontinuance of the proceedings. It requested, pursuant to Article136 of the Rules of Procedure, that it should not be ordered to bear the costs.

3The intervener did not submit any observations on the discontinuance of the proceedings.

4Article136(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.

5By 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 27April 2006, ATI Technologies v OHIM— Asociación de Técnicos de Informatica, T‑377/03, not published, EU:T:2006:115, paragraph6).

6The 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.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT

hereby orders:

1.Case T-189/20 is removed from the register of the General Court.

2.Chiquita Brands LLC shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

3.Fyffes International Unlimited Company shall bear its own costs.

Luxembourg, 13 January 2021.

* Language of the case: English.