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Case T-652/21: Judgment of the General Court of 12 October 2022 — L. Oliva Torras v EUIPO — Mecánica del Frío (Vehicle couplings) (Community design — Invalidity proceedings — Registered Community design representing a coupling for connecting refrigeration or air-conditioning equipment to a motor vehicle — Grounds for invalidity — Novelty — Individual character — Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Disclosure of the earlier design — Article 7 of Regulation No 6/2002 — Scope of the application for a declaration of invalidity — Earlier design produced after the filing of the application for a declaration of invalidity — Article 28(1)(b)(i), (v) and (vi) of Regulation (EC) No 2245/2002)
ECLI:EU:UNKNOWN:62021TA0652
62021TA0652
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Official Journal of the European Union
C 463/38
(Case T-652/21) (*)
(Community design - Invalidity proceedings - Registered Community design representing a coupling for connecting refrigeration or air-conditioning equipment to a motor vehicle - Grounds for invalidity - Novelty - Individual character - Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Disclosure of the earlier design - Article 7 of Regulation No 6/2002 - Scope of the application for a declaration of invalidity - Earlier design produced after the filing of the application for a declaration of invalidity - Article 28(1)(b)(i), (v) and (vi) of Regulation (EC) No 2245/2002)
(2022/C 463/53)
Language of the case: Spanish
Parties
Applicant: L. Oliva Torras, SA (Manresa, Spain) (represented by: E. Sugrañes Coca, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 August 2021 (Case R 1306/2020-3).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders L. Oliva Torras, S.A., to bear its own costs.
(*) Language of the case: Spanish.
ECLI:EU:C:2022:140
* * *
(1) OJ C 481, 29.11.2021.