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Case T-327/20: Judgment of the General Court of 27 April 2022 — Group Nivelles v EUIPO — Easy Sanitary Solutions (Shower drainage channel) (Community design — Invalidity proceedings — Registered Community design representing a shower drainage channel — Earlier design produced after the filing of the application for a declaration of invalidity — Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 — Discretion of the Board of Appeal — Scope — Article 63(2) of Regulation (EC) No 6/2002 — Oral proceedings and measures of inquiry — Articles 64 and 65 of Regulation No 6/2002 — Ground for invalidity — Individual character — Article 6 and Article 25(1)(b) of Regulation No 6/2002 — Identification of the earlier design — Earlier whole design — Determination of the features of the contested design — Global comparison)
ECLI:EU:UNKNOWN:62020TA0327
62020TA0327
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Official Journal of the European Union
C 244/25
(Case T-327/20) (*)
(Community design - Invalidity proceedings - Registered Community design representing a shower drainage channel - Earlier design produced after the filing of the application for a declaration of invalidity - Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 - Discretion of the Board of Appeal - Scope - Article 63(2) of Regulation (EC) No 6/2002 - Oral proceedings and measures of inquiry - Articles 64 and 65 of Regulation No 6/2002 - Ground for invalidity - Individual character - Article 6 and Article 25(1)(b) of Regulation No 6/2002 - Identification of the earlier design - Earlier whole design - Determination of the features of the contested design - Global comparison)
(2022/C 244/31)
Language of the case: Dutch
Parties
Applicant: Group Nivelles NV (Gingelom, Belgium) (represented by: J. Jonkhout, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and G. Predonzani, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Easy Sanitary Solutions BV (Oldenzaal, Netherlands) (represented by: F. Eijsvogels, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 17 March 2020 (Case R 2664/2017-3), relating to invalidity proceedings between Group Nivelles and Easy Sanitary Solutions.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Group Nivelles NV to pay the costs.
(*) Language of the case: Dutch.
OJ C 240, 20.7.2020
ECLI:EU:C:2022:140