Orders nº T-63/19 DEP of Tribunal General de la Unión Europea, December 10, 2020

• Resolution Date: December 10, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-63/19 DEP

(EU trade mark - Procedure - Taxation of costs - Manifest inadmissibility)

In Case T-63/19 DEP,

Rot Front OAO, established in Moscow (Russia), represented by M. Geitz and J. Stock, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-63/19, being

Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’, established in Kiev (Ukraine),

APPLICATION for taxation of costs following the judgment of 13 May 2020, Rot Front v EUIPO - Kondyterska korporatsiia ‘Roshen’ (РОШЕН) (T-63/19, not published, EU:T:2020:195),

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli (Rapporteur), President, S. Frimodt Nielsen and J. Schwarcz, Judges,

Registrar: E. Coulon,

makes the following

Order

Facts, procedure and forms of order sought

1 By application lodged at the Court Registry on 31 January 2019, the applicant, Rot Front OAO, brought an action for annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 November 2018 (Case R 1872/2018-2), relating to opposition proceedings between the applicant and the intervener in the main proceedings, Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’.

2 By judgment of 13 May 2020, Rot Front v EUIPO - Kondyterska korporatsiia ‘Roshen’ (РОШЕН) (T-63/19, not published, EU:T:2020:195), the Court granted the application for annulment and ordered EUIPO to pay, in addition to its own costs, those incurred by the applicant. The Court also ordered the intervener in the main proceedings to bear its own costs.

3 By application lodged at the Court Registry on 30 August 2020, the applicant brought an application for taxation of costs, pursuant to Article 170(1) of the Rules of Procedure of the General Court, requesting the Court to determine the costs to be recovered from the intervener in the main proceedings and to order EUIPO to pay costs to the applicant in the amount of EUR 10 286.36.

4 By document lodged at the Court Registry on 7 October 2020, EUIPO, arguing that there was no dispute concerning the costs to be recovered, requested the Court to dismiss the application for taxation of costs as inadmissible and order the applicant to pay the costs.

Law

5 Under Article 126 of the Rules of Procedure, where it is clear that the Court has no jurisdiction to...