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Case T-727/16: Judgment of the General Court of 21 February 2018 — Repower v EUIPO — repowermap.org (REPOWER) (EU trade mark — Decision of a Board of Appeal revoking an earlier decision — Article 80 of Regulation (EC) No 207/2009 (now Article 103 of Regulation (EU) 2017/1001) — General principle of law authorising the withdrawal of an unlawful administrative measure)
ECLI:EU:UNKNOWN:62016TA0727
62016TA0727
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Official Journal of the European Union
C 123/17
(Case T-727/16)(1)
((EU trade mark - Decision of a Board of Appeal revoking an earlier decision - Article 80 of Regulation (EC) No 207/2009 (now Article 103 of Regulation (EU) 2017/1001) - General principle of law authorising the withdrawal of an unlawful administrative measure))
(2018/C 123/23)
Language of the case: French
Parties
Applicant: Repower AG (Brusio, Switzerland) (represented by: R. Kunz-Hallstein and H. P. Kunz-Hallstein, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: repowermap.org (Bern, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 August 2016 (Case R 2311/2014-5 (REV)), relating to invalidity proceedings between repowermap.org and Repower.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs and to pay the costs incurred by Repower AG and repowermap.org.
(1)
OJ C 462, 12.12.2016.