17.10.2016

Official Journal of the European Union

C 383/15

(Case T-386/16)

(2016/C 383/21)

Language in which the application was lodged: Italian

Parties

Applicant: Falegnameria Universo dei F.lli Priarollo Snc (Caerano di San Marco, Italy) (represented by: B. Osti, lawyer)

Defendant: European Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Zanini Porte (Corbiolo di Bosco Chiesanuova, Italy)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘silente PORTE & PORTE’ — European Union trade mark No 4 191 425

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 April 2016 in Case R 240/2015-1

Form of order sought

The applicant claims that the Court should:

—as a preliminary point, ascertain that the Board of Appeal went beyond what had been sought and, in consequence, refer the decision back to the Board of Appeal of EUIPO for infringement of Articles 75 and 76 of Regulation No 207/2009, taking into account Article 1(d) of Commission Regulation (EC) No 216/96 of 5 February 1996, as amended, concerning the referral of a case to a Board of Appeal that has not already heard the case;

—on the merits, alter the contested decision and, consequently, order EUIPO to pay the fees and costs incurred by the applicant in the proceedings before the Board of Appeal because the decision is unfounded in fact and in law, and at all events to pay the costs, on an equitable basis;

—by way of measure of inquiry, order production of the files relating to proceedings No 000008977 C before the Cancellation Division of EUIPO and resulting Case No R0240/2015.

Pleas in law

—Infringement of Articles 75 and 76 of Regulation No 207/2009;

—Infringement of Rule 37(b)(1) and of Rule 50 of Regulation No 2868/95.