5.12.2022

EN

Official Journal of the European Union

C 463/58

(Case T-646/22)

(2022/C 463/86)

Language in which the application was lodged: Italian

Parties

Applicant: Piaggio & C. (Pontedera, Italy) (represented by: F. Jacobacci and B. La Tella, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: e-bility GmbH (Remagen, Germany)

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: Community design (Scooter) — Community design No 4363588-0001

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 8 August 2022 in Case R 1663/2020-3

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—declare the proprietor’s Community design registered under No 4363588-0001 invalid;

—order the defendant and the proprietor to pay the procedural costs relating to the proceedings before the Board of Appeal;

—order EUIPO and the potential other party to the present proceedings to pay all of the costs of the proceedings.

Pleas in law

—Infringement of Article 6 of Council Regulation (EC) No 6/2002;

—Incorrect assessment and unfounded exclusion of decisive evidence provided by the applicant;

—Infringement of Article 25(1)(e) of Council Regulation (EC) No 6/2002;

—Infringement of Article 25(1)(f) of Council Regulation (EC) No 6/2002.