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Case T-611/21: Action brought on 23 September 2021 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Remote controls [wireless] (Accessories for -))
ECLI:EU:UNKNOWN:62021TN0611
62021TN0611
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13.12.2021
EN
Official Journal of the European Union
C 502/34
(Case T-611/21)
(2021/C 502/51)
Language in which the application was lodged: Polish
Parties
Applicant: ADS L. Kowalik, B. Włodarczyk s.c. (Sosnowiec, Poland) (represented by: M. Oleksyn, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: ESSAtech (Přistoupim, Czech Republic)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: EU design Remote controls [wireless] (Accessories for -) — EU design No 4 539 302-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 July 2021 in Case R 1070/2020-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to the proceedings to bear their own costs, and order EUIPO and the other party to the proceedings to pay the costs incurred by the applicant, including those incurred in the proceedings before EUIPO.
Pleas in law
—Infringements of Article 8(1) of Council Regulation (EC) No 6/2002, read in conjunction with Article 25(1)(b) thereof, and breaches of the rule of law established in DOCERAM, C-395/16, (1) as well as infringement of Article 41(2)(c) and Article 41(1) of the Charter of Fundamental Rights of the European Union (right to good administration);
—Infringements of Article 63(1) of that regulation, read in conjunction with Article 63(2) thereof, and breaches of the rule of law established in DOCERAM, C-395/16, as well as infringement of Article 41(2)(c) and Article 41(1) of the Charter of Fundamental Rights of the European Union (right to good administration).
*
Judgment of 8 March 2018, DOCERAM, C-395/16, EU:C:2018:172.