Order of the General Court (Sixth Chamber) of 16 June 2022 –
bonnanwalt v EUIPO – Bayerischer Rundfunk and Others (tagesschau)
(Case T‑83/20)
(EU trade mark – Revocation proceedings – EU word mark tagesschau – Partial revocation – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility)
1. |
Judicial proceedings – Application initiating proceedings – Formal requirements – Signature by a lawyer – Concept of ‘lawyer’ – Independent interpretation (Statute of the Court of Justice, Arts 19, third and fourth paras, and 53, first para.; Rules of Procedure of the General Court, Art. 51(1)) (see paragraphs 16-18) |
2. |
Judicial proceedings – Application initiating proceedings – Formal requirements – Conditions relating to a signatory – Status of a third party in relation to the parties – Party represented by a lawyer employed by an entity linked to that party – Party able to exercise effective control over that lawyer – Non-compliance with the requirement of independence (Statute of the Court of Justice, Art. 19, third and fourth paras, and Art. 53, first para.; Rules of Procedure of the General Court, Art. 51(1)) (see paragraphs 19-23, 29, 30, 34) |
Operative part
1. |
The action is dismissed as inadmissible. |
2. |
bonnanwalt Vermögens- und Beteiligungsgesellschaft mbH shall pay the costs. |