C-674/16

ORDER OF THE PRESIDENT OF THE COURT 7 June 2018 (*) (Removal from the Register) In Case C‑674/16 P, APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 29 December 2016, Guccio Gucci SpA, established in Florence (Italy), represented by P.L. Roncaglia, F. Rossi and N. Parrotta, avvocati, appellant, the other parties to the proceedings being: European Union Intellectual Property Office(EUIPO), represented by S. Hanne, acting as Agent, defendant at first instance, Guess ? IP Holder LP, established in Los Angeles (United States of America), represented by D. McFarland, Barrister, intervener at first instance, THE PRESIDENT OF THE COURT, after hearing the Advocate General, P. Mengozzi, makes the following Order 1        By a document lodged via e-Curia on 16 May 2018, Guccio Gucci SpA and Guess ? IP Holder LP informed the Court 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 Guccio Gucci SpA. That letter must be interpreted as including a request on the part of Guccio Gucci SpA to discontinue the proceedings, submitted in accordance with Article 148 of the Rules of Procedure, applicable to appeals by virtue of Article 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 European Union Intellectual Property Office informed the Court that it had no objections to the proceedings being brought to an end, while requesting the Court not to order it to pay the costs. 3        Under Article 141(1) of the Rules of Procedure, read in conjunction with Article 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, Article 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 European Union Intellectual Property Office confined itself, in its observations, to requesting the Court 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 European Union Intellectual Property Office is to bear its own costs. 5        In accordance with the agreement reached between Guccio Gucci SpA and Guess ? IP Holder LP, both those parties are to bear their own costs. On those grounds, the President of the Court hereby orders: 1.      Case C‑674/16 P is removed from the Register of the Court. 2.      The parties are to bear their own costs. Luxembourg, 7 June 2018. A. Calot Escobar         K. Lenaerts Registrar         President * Language of the case: English.