48In view of those exceptional circumstances, within the meaning of the first subparagraph of Article 87(3) of the Rules of Procedure, fairness requires that OHIM should bear its own costs and pay those incurred by the applicant (see, to that effect and by analogy, judgment of 23 November 2011 in Case T‑320/07 Jones and Others v Commission, not published in the ECR, paragraph 158, and order in Case T‑278/11 ClientEarth and Others v Commission [2012] ECR, paragraph 51).
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