Judgment_paragraph 115 · Devinlec Développement Innovation Leclerc SA v European Union Intellectual Property Office (T-147/03)

115The applicant also applied for the intervener to be ordered to pay the costs incurred by it in the administrative proceedings before OHIM. Under Article 136(2) of the Rules of Procedure, costs necessarily incurred by the parties for the purposes of the proceedings before the Board of Appeal are to be regarded as recoverable costs. However, that does not apply to costs incurred for the purposes of the proceedings before the Opposition Division. Accordingly, the applicant's request that the intervener, having been unsuccessful, be ordered to pay the costs of the administrative proceedings before OHIM can be allowed only as regards the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal.