22.12.2014

Official Journal of the European Union

C 462/25

(Case T-527/14)

(2014/C 462/38)

Language of the case: German

Parties

Applicant: Paul Rosenich (Triesenberg, Liechtenstein) (represented by: A. von Mühlendahl and C. Eckhartt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2014 in Case R 2063/2012-4;

—annul the decision taken by the Director of the ‘Operations Support Department’ of OHIM of 7 September 2012, by which the applicant’s application to be included in the list of professional representatives before the defendant office was rejected, on the basis of the applicant’s complaint of 7 November 2012;

—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including those of the proceedings before the Board of Appeal.

Pleas in law and main arguments

In support of the action, the applicant claims that the contested decision infringes Article 93 of Regulation No 207/2009 in conjunction with the principle of freedom to provide services within the European Economic Area as provided for by the Agreement on the European Economic Area, since it confirms the rejection of his application to be included in the list of professional representatives before OHIM, despite the fact that, although he does not have his professional residence in a Member State of the European Union, he has it in a Member State of the European Economic Area.