Chiquita Brands v EUIPO - Jara 2000 (CHIQUITA QUEEN) (Removal from the Register - Order) [2024] EUECJ T-79/23DEP_CO (20 December 2024)

Since the applicant discontinued the proceedings and no costs were claimed, Article 136(4) of the Rules of Procedure applies, requiring each party to bear its own costs.

Source-derived case information.

Citation: [2024] EUECJ T-79/23DEP_CO
Parties: Applicant: Chiquita Brands LLC; Defendant: European Union Intellectual Property Office (EUIPO); Intervener: Jara 2000, SL
Jurisdiction: European Union
Procedural Posture: Costs Determination After Judgment / Order on Discontinuance
Outcome: Case removed from the Register; each party to bear its own costs.
Legal Topics: Recoverable Costs, Discontinuance of Proceedings, Removal From Register

Intellectual Property Civil Procedure Recoverable Costs Discontinuance of Proceedings Removal From Register

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2

Parties

Chiquita Brands LLC

Applicant

European Union Intellectual Property Office (EUIPO)

Defendant

Jara 2000, SL

Intervener

Procedural Posture

Costs Determination After Judgment / Order on Discontinuance

Legal Issues

1 Whether to fix the amount of recoverable costs after discontinuance of proceedings
2 Allocation of costs upon discontinuance

Ratio Decidendi

Since the applicant discontinued the proceedings and no costs were claimed, Article 136(4) of the Rules of Procedure applies, requiring each party to bear its own costs.

Court Disposition

Case removed from the Register; each party to bear its own costs.

Orders

Case T-79/23 DEP is removed from the Register of the General Court.
Each party shall bear its own costs.

Full Case Text

Judgment text and source record

1 paragraphs

Chiquita Brands v EUIPO - Jara 2000 (CHIQUITA QUEEN) (Removal from the Register - Order) [2024] EUECJ T-79/23DEP_CO (20 December 2024) [ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Chiquita Brands v EUIPO - Jara 2000 (CHIQUITA QUEEN) (Removal from the Register - Order) [2024] EUECJ T-79/23DEP_CO (20 December 2024) URL: https://www.bailii.org/eu/cases/EUECJ/2024/T7923DEP_CO.html Cite as: [2024] EUECJ T-79/23DEP_CO [ New search ] [ Contents list ] [ Help ] ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT 20 December 2024 ( * ) ( Removal from the Register ) In Case T-79/23 DEP, Chiquita Brands LLC, established in Fort Lauderdale, Florida (United States), represented by R. Dissmann, lawyer, applicant, v European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent, defendant, the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being Jara 2000, SL, established in Murcia (Spain), By application pursuant to Article 170(1) of the Rules of Procedure of the General Court, the applicant requested the Court to fix the amount of recoverable costs to be reimbursed by the defendant following the judgment of 29 May 2024, Chiquita Brands v EUIPO – Jara 2000 (CHIQUITA QUEEN) (T‑79/23, not published, EU:T:2024:327 ). By letter lodged at the Court Registry on 19 November 2024, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. It sought no order as to costs. By letter lodged at the Court Registry on 21 November 2024, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested, pursuant to Article 136(4) of the Rules of Procedure, that the parties be ordered to bear their own costs. Article 136(4) of the Rules of Procedure provides that, where proceedings are discontinued, if costs are not claimed, the parties are to bear their own costs. The case shall therefore be removed from the Register and the parties ordered to bear their own costs. On those grounds, THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT hereby orders: 1. Case T-79/23 DEP is removed from the Register of the General Court. 2. Each party shall bear its own costs. Luxembourg, 20 December 2024. V. Di Bucci R. Mastroianni Registrar President * Language of the case: English. © European Union The source of this judgment is the Europa web site. The information on this site is subject to a information found here: Important legal notice . This electronic version is not authentic and is subject to amendment. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/2024/T7923DEP_CO.html

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