Corte di giustizia UE/2018

[OSCURATO:PERSONA] [OSCURATO:PERSONA] 7 June 2018 ( * ) (Removal from the Register) [OSCURATO:PERSONA] C‑674/16 P, APPEAL under [OSCURATO:PERSONA] 56 of the Statute of the [OSCURATO:PERSONA] of Justice of the [OSCURATO:PERSONA], brought on 29 December 2016, [OSCURATO:SOCIETA], established in Florence (Italy), represented by P.L. Roncaglia, F. Rossi and N. Parrotta, avvocati, appellant, the other parties to the proceedings being: [OSCURATO:PERSONA] (EUIPO), represented by S. Hanne, acting as Agent, defendant at first instance, Guess ? IP Holder LP, established in [OSCURATO:PERSONA] ([OSCURATO:PERSONA] of America), represented by D. McFarland, Barrister, intervener at first instance, [OSCURATO:PERSONA], after hearing the [OSCURATO:PERSONA], P. Mengozzi, makes the following [OSCURATO:PERSONA] 1 By a document lodged via e-Curia on 16 May 2018, [OSCURATO:SOCIETA] and Guess ? IP Holder LP informed the [OSCURATO:PERSONA] that they had reached an agreement on the amicable settlement of the dispute giving rise to the present case, in which it had been agreed that each party would bear its own costs and, therefore, that it was no longer necessary to rule on the appeal of [OSCURATO:SOCIETA]. That letter must be interpreted as including a request on the part of [OSCURATO:SOCIETA] to discontinue the proceedings, submitted in accordance with [OSCURATO:PERSONA] 148 of the Rules of Procedure, applicable to appeals by virtue of [OSCURATO:PERSONA] 190(1) of those rules, which that party’s representative confirmed in a subsequent communication. 2 By a document lodged via e-Curia on 23 May 2018, the [OSCURATO:PERSONA] informed the [OSCURATO:PERSONA] that it had no objections to the proceedings being brought to an end, while requesting the [OSCURATO:PERSONA] not to order it to pay the costs. 3 [OSCURATO:PERSONA] 141(1) of the Rules of Procedure, read in conjunction with [OSCURATO:PERSONA] 184(1) thereof, 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. In addition, [OSCURATO:PERSONA] 141(3) of those rules provides that, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement. 4 Since the [OSCURATO:PERSONA] confined itself, in its observations, to requesting the [OSCURATO:PERSONA] not to order it to pay the costs and no other party has sought that that party be ordered to pay the costs, it must be held that the [OSCURATO:PERSONA] is to bear its own costs. 5 In accordance with the agreement reached between [OSCURATO:SOCIETA] and Guess ? IP Holder LP, both those parties are to bear their own costs. On those grounds, the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] hereby orders: 1. [OSCURATO:PERSONA] C ‑ 674/16 P is removed from the Register of the [OSCURATO:PERSONA]. 2. The parties are to bear their own costs. Luxembourg, 7 June 2018. A. [OSCURATO:PERSONA] K. [OSCURATO:PERSONA] * Language of the case: English.