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Document 62013CN0435
Case C-435/13 P: Appeal brought on 2 August 2013 by Erich Kastenholz against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-68/11 Erich Kastenholz v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case C-435/13 P: Appeal brought on 2 August 2013 by Erich Kastenholz against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-68/11 Erich Kastenholz v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case C-435/13 P: Appeal brought on 2 August 2013 by Erich Kastenholz against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-68/11 Erich Kastenholz v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
OJ C 304, 19.10.2013, p. 5–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.10.2013 |
EN |
Official Journal of the European Union |
C 304/5 |
Appeal brought on 2 August 2013 by Erich Kastenholz against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-68/11 Erich Kastenholz v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-435/13 P)
2013/C 304/10
Language of the case: German
Parties
Appellant: Erich Kastenholz (represented by: L. Acker, lawyer)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Qwatchme A/S
Form of order sought
The appellant claims that the Court should:
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set aside the judgment of the General Court; |
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uphold his application for annulment of the contested decision, or, alternatively, refer the case back to the General Court for reconsideration; and |
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order the Office for Harmonisation to pay the applicant’s costs incured at first instance and on appeal. |
Pleas in law and main arguments
In support of the appeal, the appellant relies on three grounds of appeal:
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Infringement of Article 5(1)(a) together with Article 5(2) of Regulation No 6/2002 (1) This infringement consists of two parts:
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Infringement of Article 6(1)(b) together with Article 2 of Regulation No 6/2002 This infringement consists of three parts:
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Infringement of Article 25(1)(f) of Regulation No 6/2002 and of the obligation of inquiry under the first and second sentences of Article 63(1) of Regulation No 6/2002 This infringement consists of the following four parts:
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(1) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).