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Case T-527/14: Judgment of the General Court of 13 July 2017 — Rosenich v EUIPO (Internal market — Decision of EUIPO rejecting a request for inclusion on the list of professional representatives — Condition relating to the existence of a place of business within the European Union — Article 93(2)(b) of Regulation (EC) No 207/2009 — Freedom to provide services — Article 36 of the EEA Agreement — Consistent interpretation)

ECLI:EU:UNKNOWN:62014TA0527

62014TA0527

July 13, 2017
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28.8.2017

Official Journal of the European Union

C 283/30

(Case T-527/14) (<span class="super note-tag">1</span>)

((Internal market - Decision of EUIPO rejecting a request for inclusion on the list of professional representatives - Condition relating to the existence of a place of business within the European Union - Article 93(2)(b) of Regulation (EC) No 207/2009 - Freedom to provide services - Article 36 of the EEA Agreement - Consistent interpretation))

(2017/C 283/43)

Language of the case: German

Parties

Applicant: Paul Rosenich (Triesenberg, Liechtenstein) (represented by: A. von Mühlendahl and C. Eckhartt, lawyers)

Defendant: European Union Intellectual Property Office (represented by: initially, G. Schneider and, subsequently, D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 April 2014 (Case R 2063/2012-4), concerning the refusal of EUIPO to enter the applicant on the list of professional representatives provided for in Article 93 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1).

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 April 2014 (Case R 2063/2012-4);

2.Annuls the decision of the Director of the Operations Support Department of EUIPO of 7 September 2012;

3.Orders EUIPO to pay the costs.

(<span class="note">1</span>) OJ C 462, 22.12.2014.

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