Order of the General Court (Third Chamber) of 29 November 2024 –
TelForceOne v EUIPO –
4Kraft (Wheels for vehicles (except for rail vehicles))
(Case T‑230/24)
(Action for annulment – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility)
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1. |
Judicial proceedings – Application initiating proceedings – Formal requirements – Conditions relating to a signatory – Status of a third party in relation to the parties – Requirement of independence (Statute of the Court of Justice, Art. 19, third and fourth paras; Rules of Procedure of the General Court, Art. 51(1)) (see paragraphs 6-10, 15, 17) |
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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 who is employed as a lawyer by that party – Non-compliance with the requirement of independence – Inadmissibility – Rectification – Not permissible – No adverse effect on effective judicial protection (Charter of Fundamental Rights of the European Union, Arts 47 and 52; Statute of the Court of Justice, Arts 19, third and fourth paras, and 21, second para.; Rules of Procedure of the General Court, Arts 51(1) and 78(6)) (see paragraphs 11-13, 19-22) |
Operative part
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1. |
The action is dismissed as inadmissible. |
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2. |
TelForceOne S.A. shall bear its own costs and shall pay those incurred by 4Kraft sp. z o.o. |
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3. |
The European Union Intellectual Property Office (EUIPO) shall bear its own costs. |