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Case T-40/22: Action brought on 22 January 2022 — Dado Ceramica and Others v EUIPO — Italcer (Piastrelle)
ECLI:EU:UNKNOWN:62022TN0040
62022TN0040
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21.3.2022
EN
Official Journal of the European Union
C 128/26
(Case T-40/22)
(2022/C 128/38)
Language in which the application was lodged: Italian
Parties
Applicants: Dado Ceramica Srl (San Giovanni in Persiceto, Italy), Antica Ceramica Rubiera Srl (Rubiera, Italy) and Star-Gres sp. z o.o. (Końskie, Poland) (represented by: A. Merlini and F. Carpi, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Italcer SpA (Rubiera, Italy)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal
Design at issue: Community design (Piastrelle) — Community design No 6 581 245-0013
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 10 November 2021 in Case R 1965/2020-3
Form of order sought
The applicants claim that the Court should:
—annul the contested decision and uphold the application for a declaration of invalidity;
—in the alternative, after the annulment of the contested decision, refer the case back to the Board of Appeal of EUIPO and issue appropriate directions regarding the oral phases of the procedure and the admission of new and highly relevant documents;
—order EUIPO and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings and reimburse the costs incurred by the applicants.
Pleas in law
—Infringement of Article 5 of Council Regulation (EC) No 6/2002;
—Infringement of Article 6 of Council Regulation (EC) No 6/2002.