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Case C-402/11 P: Judgment of the Court (Second Chamber) of 18 October 2012 — Jager & Polacek GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Opposition — Regulation (EC) No 2868/95 — Rule 18(1) — Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible — Right to an effective legal remedy)
ECLI:EU:UNKNOWN:62011CA0402
62011CA0402
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Official Journal of the European Union
C 379/10
(Case C-402/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Opposition - Regulation (EC) No 2868/95 - Rule 18(1) - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Right to an effective legal remedy)
2012/C 379/17
Language of the case: German
Parties
Appellant: Jager & Polacek GmbH (represented by: A. Renck, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal against the judgment of the General Court (Seventh Chamber) of 12 May 2011 in Case T-488/09 Jager & Polacek v OHIM (REDTUBE) dismissing the action brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4) relating to opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o. — Infringement of Article 80(1) and (2) of Regulation (EC) No 207/2009 — Right to an effective legal remedy
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 12 May 2011 in Case T-488/09 Jager & Polacek v OHIM (REDTUBE);
2.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 September 2009 (Case R 442/2009-4) concerning opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.;
3.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of both the proceedings at first instance and the appeal proceedings.
(<span class="super">1</span>) OJ C 6, 7.1.2012.