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Case T-43/18: Action brought on 24 January 2018 — Rietze v EUIPO — Volkswagen (Voitures)

ECLI:EU:UNKNOWN:62018TN0043

62018TN0043

January 24, 2018
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19.3.2018

Official Journal of the European Union

C 104/50

(Case T-43/18)

(2018/C 104/64)

Language in which the application was lodged: German

Parties

Applicant: Rietze GmbH & Co. KG (Altdorf, Germany) (represented by: M. Krogmann, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Volkswagen AG (Wolfsburg, 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: European Union design No 5467-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 21 November 2017 in Case R 1204/2016-3

Form of order sought

The applicant claims that the Court should:

annul the decision of the Third Board of Appeal of EUIPO and declare EU design No 5467-0001 invalid;

order EUIPO to pay the costs of the proceedings.

Pleas in law

Infringement of Article 4(1), in conjunction with Article 6(1)(b), of Regulation No 6/2002.

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