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Case T-100/19: Judgment of the General Court of 10 June 2020 — L. Oliva Torras v EUIPO — Mecánica del Frío (Vehicle couplings) (Community design — Invalidity proceedings — Registered Community design representing a coupling to hitch refrigeration or air conditioning equipment to a motor vehicle — Single head of claim seeking alteration — Implicit application for annulment — Admissibility — Ground of invalidity — Failure to comply with the requirements for protection — Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Extent of the examination carried out by the Board of Appeal — Position adopted by the Board of Appeal on the failure to comply with a requirement for protection during the procedure — Divergent conclusion in the contested decision — Obligation to state reasons — Article 62 and second sentence of Article 63(1) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62019TA0100
62019TA0100
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27.7.2020
Official Journal of the European Union
C 247/10
(Case T-100/19) (*)
(Community design - Invalidity proceedings - Registered Community design representing a coupling to hitch refrigeration or air conditioning equipment to a motor vehicle - Single head of claim seeking alteration - Implicit application for annulment - Admissibility - Ground of invalidity - Failure to comply with the requirements for protection - Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Extent of the examination carried out by the Board of Appeal - Position adopted by the Board of Appeal on the failure to comply with a requirement for protection during the procedure - Divergent conclusion in the contested decision - Obligation to state reasons - Article 62 and second sentence of Article 63(1) of Regulation (EC) No 6/2002)
(2020/C 247/15)
Language of the case: Spanish
Parties
Applicant: L. Oliva Torras, S.A. (Manresa, Spain) (represented by: E. Sugrañes Coca and M. D. Caballero Pérez, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mecánica del Frío, S.L. (Cornellá de Llobregat, Spain) (represented by: J. Torras Toll, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 19 November 2018 (Case R 1397/2017-3), relating to invalidity proceedings between L. Oliva Torras and Mecánica del Frío.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 November 2018 (Case R 1397/2017-3);
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by L. Oliva Torras, SA;
4.Orders Mecánica del Frío, SL, to bear its own costs.
*
(*) Language of the case: Spanish.
(1) OJ C 139, 15.4.2019.