Order of the General Court (Tenth Chamber) of 15 July 2020 –
Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
(Case T‑840/19)
(Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility)
1. |
Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Not included (Art. 263 TFEU) (see paras 20-22, 27) |
2. |
Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Decision of the Board of Appeal of EUIPO to suspend the appeal proceedings pending a definitive decision of the General Court in the case which is likely to influence the pending case – Not included (Art. 263 TFEU; Council Regulation No 6/2002, Art. 61(1)) (see paras 25, 26, 28) |
Re:
Action brought against the provisional decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 September 2019 (Case R 1008/2018-3), relating to invalidity proceedings between Mystic Products Import & Export and Koopman International, on the one hand, and Tinnus Enterprises, on the other hand.
Operative part
1. |
The action is dismissed as inadmissible. |
2. |
Koopman International BV shall pay its own costs and the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Tinnus Enterprises LLC. |