Judgment_paragraph 46 · Sportwetten GmbH Gera v European Union Intellectual Property Office (T-140/02)

46Under Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. In this case, the applicant has been unsuccessful and OHIM has applied for costs against it. At the hearing, the intervener also applied for the applicant to be ordered to pay the costs. The fact that the intervener did not apply for costs until the hearing does not debar the Court from awarding them (Case 113/77 NTN Toyo Bearing and Others v Council [1979] ECR 1185 and the Opinion of Advocate General Warner in that case ECR 1212, 1274). The applicant should therefore be ordered to pay all the costs.