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Case T-353/18: Action brought on 28 May 2018 — Promeco v EUIPO — Aerts (dishes)

ECLI:EU:UNKNOWN:62018TN0353

62018TN0353

May 28, 2018
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(Case T-353/18)

Language of the case: English

Parties

Applicant: Promeco NV (Kortrijk, Belgium) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Aerts NV (Geel, Belgium)

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: European Union design No 218 193-0010

Contested decision: Decision of the Grand Board of Appeal of EUIPO of 16 February 2018 in Case R 459/2016-G

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

dismiss the appeal brought by Aerts NV against the decision of the EUIPO’s Invalidity Division of 8 January 2016, case ICD 9842;

order EUIPO to pay the costs of the proceedings, including those incurred by the Applicant before the Grand Board of Appeal;

order Aerts NV, in case it intervenes in this case, to pay the costs of the proceedings, including those incurred by the Applicant before the Grand Board of Appeal.

Plea in law

Infringement of Article 25(1) in conjunction with Article 6 of Council Regulation (EC) No 6/2002.

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