Official Journal of the European Union

C series

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C/2025/1663

24.3.2025

(Case T-81/25)

(C/2025/1663)

Language in which the application was lodged: German

Parties

Applicant: LTV Leuchten & Lampen Vertriebs GmbH (Brunn am Gebirge, Austria) (represented by: C. Pilz, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: XAL GmbH (Graz, Austria)

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 (Lamps) – Community design No 684 360-0001

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 9 December 2024 in Case R 2289/2023-3

Form of order sought

The applicant claims that the Court should:

—amend the contested decision to the effect that the applicant’s appeal is upheld and, by amending the decision of the Invalidity Division of EUIPO of 26 September 2023 (Invalidity proceedings No ICD 1 19 621), declare Community design No 684 360-0001 invalid in accordance with the application made by the applicant before the Board of Appeal (applicant for a declaration of invalidity);

or, in the alternative

—annul the contested decision and refer the case back to the Board of Appeal of EUIPO to take a decision on the merits after appropriate further proceedings;

—order EUIPO to bear its own costs and to pay all recoverable costs incurred by the applicant in the present proceedings and in the proceedings before the Board of Appeal pursuant to Article 134(1) of the Rules of Procedure.

Pleas in law

—Infringement of essential procedural requirements;

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

—Misuse of powers.

ELI: http://data.europa.eu/eli/C/2025/1663/oj

ISSN 1977-091X (electronic edition)

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