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Order of the General Court (Third Chamber) of 3 October 2012. # Tecnimed Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Period allowed for bringing proceedings - Out of time - No unforeseeable circumstances - No force majeure - Right of access to a court - Manifest inadmissibility. # Case T-360/10.
ECLI:EU:T:2012:517
62010TO0360
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(Case T-360/10)
Community trade mark — Period allowed for bringing proceedings — Out of time — No unforeseeable circumstances — No force majeure — Right of access to a court — Manifest inadmissibility
<i>Actions for annulment — Time-limits — Mandatory — Examination by the EU judicature of its own motion (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(2)) (see paras 11, 12)</i>
<i>Proceedings — Time-limit for instituting proceedings — Claim barred by lapse of time — Unforeseeable circumstances or force majeure — Concept (Statute of the Court of Justice, Art. 45, second para.) (see para. 22)</i>
<i>European Union law — Direct effect — National procedural rules — Conditions under which applicable — Compliance with principles of equivalence and effectiveness (see paras 29, 33-35)</i>
4.
<i>Proceedings — Time-limit for instituting proceedings — Action introduced by fax — Requirement that fax be identical with the original of the application — Aim — Proportionality (Rules of Procedure of the General Court, Art. 43(6)) (see paras 37-40, 42-47)</i>
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 June 2010 (Case R 1795/2008-4), concerning invalidity proceedings between Tecnimed Srl and Ecobrands Ltd.
Operative part
The action is dismissed.
Tecnimed Srl is ordered to pay the costs.