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Case T-89/22: Action brought on 18 February 2022 — Homy Casa v EUIPO — Albatros International (Chairs)
ECLI:EU:UNKNOWN:62022TN0089
62022TN0089
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4.4.2022
EN
Official Journal of the European Union
C 148/40
(Case T-89/22)
(2022/C 148/53)
Language in which the application was lodged: German
Parties
Applicant: Homy Casa Ltd (Guangzhou, China) (represented by: J. Vogtmeier, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Albatros International GmbH (Nerdlen, Germany)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: Community design (Chairs) — Community design No 2745 554-0002
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 30 November 2021 in Case R 837/2020-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Plea in law
—Misapplication and misinterpretation of Article 25(1)(b) of Council Regulation (EC) No 6/2002, read in conjunction with Articles 4, 5, 6 and 7 thereof.