Orders nº T-189/20 of Tribunal General de la Unión Europea, January 13, 2021

• Resolution Date: January 13, 2021
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-189/20

(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 21 January 2020 (Case R 962/2019-5), relating to cancellation proceedings between Chiquita Brands and Fyffes International Unlimited Company.

1 By letter lodged at the Court Registry on 2 December 2020, the applicant informed the Court, in accordance with Article 125 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.

2 By letter lodged at the Court Registry on 11 December 2020, the defendant informed the Court that it had no objection to the discontinuance of the proceedings. It requested, pursuant to Article 136 of the Rules of Procedure, that it should not be ordered to bear the costs.

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

4 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.

5 By its request that...