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Case T-9/15: Action brought on 9 January 2015 — Ball Europe v OHIM — Crown Hellas Can

ECLI:EU:UNKNOWN:62015TN0009

62015TN0009

January 9, 2015
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16.3.2015

EN

Official Journal of the European Union

C 89/32

(Case T-9/15)

(2015/C 089/39)

Language in which the application was lodged: German

Parties

Applicant: Ball Europe GmbH (Zürich, Switzerland) (represented by: A. Renck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Crown Hellas Can SA (Athens, Greece)

Details of the proceedings before OHIM

Proprietor of the design at issue: the applicant

Design at issue: Community design No 230 990-0006

Contested decision: Decision of the Third Board of Appeal of OHIM of 8 September 2014 in Case R 1408/2012-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the defendant and — in the event of a formal intervention — also the other party to the proceedings before the Board of Appeal to pay the costs, including the costs incurred by the applicant.

Pleas in law

Infringement of Article 25(1)(b) in conjunction with Article 6 of Regulation No 6/2002;

Infringement of Article 62 of Regulation No 6/2002.

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