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Case T-760/16: Action brought on 4 November 2016 — Basil v EUIPO — Artex (Bicycle baskets)
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9.1.2017
EN
Official Journal of the European Union
C 6/46
(Case T-760/16)
(2017/C 006/57)
Language in which the application was lodged: German
Parties
Applicant: Basil BV (Silvolde, Netherlands) (represented by: N. Weber and J. von der Thüsen, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Artex SpA (Zeno di Cassola, Italy)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: Community design No 142 245-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 7 July 2016 in Case R 535/2015-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant and, if applicable, the other parties involved to pay the costs of the proceedings.
Pleas in law
—Infringement of Article 52(3) of Regulation No 6/2002;
—Infringement of Article 7 of Regulation No 6/2002, infringement of principles relating to the burden of proof and infringement of rules of logic in the evaluation of evidence;
—Infringement of Article 6 of Regulation No 6/2002.