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Case T-220/24: Action brought on 26 April 2024 – SMT v EUIPO – Pies and Rixen (Building materials)
ECLI:EU:UNKNOWN:62024TN0220
62024TN0220
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Official Journal of the European Union
C series
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C/2024/3627
17.6.2024
(Case T-220/24)
(C/2024/3627)
Language in which the application was lodged: German
Parties
Applicant: SMT GmbH (Reutlingen, Germany) (represented by: T. Seifried, lawyer)
Defendant: European Union Intellectual Property Office
Other parties to the proceedings before the Board of Appeal: Gerrit Pies (Solingen, Germany), Wolfgang Rixen (Solingen)
Details of the proceedings before EUIPO
Proprietors of the design at issue: Other parties to the proceedings before the Board of Appeal
Design at issue: Community design ‘Building materials’ – Community design No 222 070-0006
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 March 2024 in Case R 2163/2022-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Pleas in law
—Infringement of the first sentence of Article 62 of Council Regulation (EC) No 6/2002;
—Infringement of Article 63(2) of Council Regulation (EC) No 6/2002;
—Infringement of Article 25(1)(b), in conjunction with Article 4(1) and Article 6(1)(b), of Council Regulation (EC) No 6/2002;
—Infringement of Article 25(1)(b), in conjunction with Article 8(1), of Council Regulation (EC) No 6/2002;
—Infringement of Article 25(1)(b), in conjunction with Article 8(2), of Council Regulation (EC) No 6/2002;
—Infringement of Article 25(1)(b), in conjunction with Article 4(2) and Article 6(1)(b), of Council Regulation (EC) No 6/2002.
ELI: http://data.europa.eu/eli/C/2024/3627/oj
ISSN 1977-091X (electronic edition)
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