Orders nº T-744/16 of The General Court, May 03, 2017

• Resolution Date: May 03, 2017
• Issuing Organization: The General Court
• Decision Number: T-744/16

(Removal from the register)

In Case T-744/16,

Generis - Farmacêutica, SA, established in Amadora (Portugal), represented by M. Fernandes and J. Mioludo, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Rajh, acting as Agent,

defendant,

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

Corpak MedSystems, Inc., established in Buffalo Grove (Illinois, United States),

Action brought against the decision of the Second Board of Appeal of EUIPO, of 26 July 2016 (Case R 2443/2015-2), relating to the opposition proceedings between Generis - Farmacêutica, SA and Corpak MedSystems, Inc.

1 By letter lodged at the Court Registry on 4 April 2017, the applicant informed the Court that it wished to discontinue proceedings. As regards the costs, it informed the Court that the applicant and the other party to the proceedings before the Board of Appeal agreed that they will bear their own costs.

2 By letter lodged at the Court Registry on 12 April 2017, the defendant informed the Court that it raised no objections to the discontinuance of the proceedings, and requested that it should not be ordered to bear the costs.

3 Article 136(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.

4 By its request that it should not be ordered to bear the costs the defendant essentially submitted that...