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Case T-726/14: Judgment of the General Court of 17 February 2017 — Novar v EUIPO (Non-contractual liability — Proof of the existence, validity and scope of protection of the earlier mark — International registration designating the European Union — Decision rejecting the opposition in the absence of proof of the earlier right — Rule 19(2)(a) of Regulation (EC) No 2868/95 — Revision of the decision — Article 62(2) of Regulation (EC) No 207/2009 — Damage consisting in lawyers’ fees — Causal link)
ECLI:EU:UNKNOWN:62014TA0726
62014TA0726
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3.4.2017
Official Journal of the European Union
C 104/42
(Case T-726/14) (<span class="super note-tag">1</span>)
((Non-contractual liability - Proof of the existence, validity and scope of protection of the earlier mark - International registration designating the European Union - Decision rejecting the opposition in the absence of proof of the earlier right - Rule 19(2)(a) of Regulation (EC) No 2868/95 - Revision of the decision - Article 62(2) of Regulation (EC) No 207/2009 - Damage consisting in lawyers’ fees - Causal link))
(2017/C 104/59)
Language of the case: German
Parties
Applicant: Novar GmbH (Albstadt, Germany) (represented by: R. Weede, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)
Re:
Application pursuant to Article 268 TFEU seeking compensation for material damage which the applicant allegedly sustained on account of lawyers’ fees that it incurred in an appeal against a decision of the Opposition Division allegedly adopted in breach of Rule 19(2)(a) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark and of general legal principles.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Novar GmbH and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.
(<span class="super">1</span>) OJ C 7, 12.1.2015.