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Case T-612/21: Judgment of the General Court of 30 November 2022 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Accessory for wireless remote control) (Community design — Invalidity proceedings — Registered Community design representing an accessory for a wireless remote control — Ground for invalidity — Features of appearance of a product which are solely dictated by its technical function — Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Facts or evidence submitted for the first time before the Board of Appeal — Article 63(2) of Regulation No 6/2002 — Obligation to state reasons — Article 41(1) and (2)(c) of the Charter of Fundamental Rights)
ECLI:EU:UNKNOWN:62021TA0612
62021TA0612
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Official Journal of the European Union
C 35/53
(Case T-612/21) (*)
(Community design - Invalidity proceedings - Registered Community design representing an accessory for a wireless remote control - Ground for invalidity - Features of appearance of a product which are solely dictated by its technical function - Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 - Facts or evidence submitted for the first time before the Board of Appeal - Article 63(2) of Regulation No 6/2002 - Obligation to state reasons - Article 41(1) and (2)(c) of the Charter of Fundamental Rights)
(2023/C 35/62)
Language of the case: Polish
Parties
Applicant: ADS L. Kowalik, B. Włodarczyk s.c. (Sosnowiec, Poland) (represented by: M. Oleksyn, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Chylińska and J. Ivanauskas, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: ESSAtech (Přistoupim, Czech Republic)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 July 2021 (Case R 1072/2020-3).
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 July 2022 (Case R 1072/2020-3);
2.Orders EUIPO to pay the costs incurred in the proceedings before the Board of Appeal of EUIPO and before the General Court.
(*) Language of the case: Polish.
* * *
(1) OJ C 502, 13.12.2021.