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Case T-497/21: Order of the General Court of 10 May 2022 — Girardi v EUIPO (Action for annulment — EU trade mark — Representation before EUIPO — Notification of a deficiency in the power to act as a representative before EUIPO — Act not open to challenge — Preparatory act — Inadmissibility)
ECLI:EU:UNKNOWN:62021TB0497(01)
62021TB0497(01)
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25.7.2022
Official Journal of the European Union
C 284/36
(Case T-497/21) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - EU trade mark - Representation before EUIPO - Notification of a deficiency in the power to act as a representative before EUIPO - Act not open to challenge - Preparatory act - Inadmissibility)
(2022/C 284/47)
Language of the case: English
Parties
Applicant: Giovanna Paola Girardi (Madrid, Spain) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)
Defendant: European Union Intellectual Property Office (represented by: G. Predonzani and A. Söder, acting as Agents)
Re:
By her action based on Article 263 TFEU, the applicant seeks, first, annulment of the act by which the European Union Intellectual Property Office (EUIPO) notified her, on 14 June 2021, of a deficiency in an application for a declaration of invalidity which she had filed under reference 000050057 C, and of any other file in which the applicant or right holder represented by her has their permanent residence outside the European Union and, secondly, a declaration that Annex 1 to Section 5 of Part A of the Guidelines for examination of European Union trade marks of EUIPO is unlawful in so far as that annex relates to professional representation by Spanish lawyers before the Office.
Operative part of the order
1.The action is dismissed as inadmissible.
2.The European Union Intellectual Property Office (EUIPO) is to bear its own costs and pay those of Ms Giovanna Paola Girardi, including those relating to the proceedings for interim relief in Case T-497/21 R.
(<span class="oj-super">1</span>) OJ C 412, 11.10.2021.