Official Journal of the European Union

C 247/41

(Case T-326/20)

(2020/C 247/56)

Language of the case: English

Parties

Applicant: Bibita Group (Tirana, Albania) (represented by: C. Seyfert, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Benkomers OOD (Sofia, Bulgaria)

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 No 3 797 091-0001 (Beverage bottles)

Contested decision: Decision of the Third Board of Appeal of EUIPO of 27 April 2020 in Case R 1070/2018-3

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—declare the contested Community design registered under No 3 797 091-0001 invalid, on all the grounds set out in the present application;

—order the defendant and the proprietor to pay the procedural costs relating to the proceedings before the Third Board of Appeal, pursuant to Article 190 of the Rules of Procedure of the General Court;

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

Plea in law

—Infringement of Article 25(1)(d) in conjunction with Article 6 of Council Regulation (EC) No 6/2002.