30.4.2011 |
EN |
Official Journal of the European Union |
C 130/14 |
Appeal brought on 2 March 2011 by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) against the judgment delivered by the General Court (Seventh Chamber) on 16 December 2010 in Case T-513/09 José Manuel Baena Grupo, S.A. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Herbert Neuman and Andoni Galdeano del Sel
(Case C-102/11 P)
2011/C 130/25
Language of the case: Spanish
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carillo and A. Folliard-Monguiral, Agents)
Other parties to the proceedings: José Manuel Baena Grupo, S.A. and Herbert Neuman and Andoni Galdeano del Sel
Form of order sought
— |
set aside the judgment under appeal; |
— |
deliver a new judgment on the merits of the case, dismissing the action brought against the contested decision, or refer the case back to the General Court; |
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order the applicant at first instance to pay the costs. |
Pleas in law and main arguments
OHIM submits that the judgment under appeal should be set aside on the ground that the General Court infringed Article 61 CDR. (1) In support of that plea, OHIM puts forward the reasons set out below, which may be summarised as follows:
(a) |
By substituting its assessment of the facts for that of the Board of Appeal, without having found any ‘manifest errors of assessment’, the General Court went beyond what Article 61 CDR permits in relation to Community designs. Instead of reviewing the lawfulness of the decision, the General Court exercised the same jurisdiction as that reserved to the Board of Appeal under Article 60 CDR. |
(b) |
The General Court infringed Article 25(1)(c) CDR, together with Article 6 CDR, in that it:
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(1) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).