Judgment — ECLI:EU:T:2018:224
Date: 2018-04-25
Language of the case: French
Court formation: Fourth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Fourth Chamber) of 25 April 2018 – Euro Castor Green v EUIPO — Netlon France (Concealed trellis) (Case T‑756/16) (Community design — Invalidity proceedings — Registered Community design representing a trellis — Earlier Community design — Ground for invalidity — Disclosure of earlier design — Lack of novelty — No individual character — Articles 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) 1. Community designs — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Not included (Council Regulation No 6/2002, Art. 61) (see para. 18) 2. Community designs — Ground for invalidity — Lack of novelty — Previous disclosure of identical design — Proof of the disclosure (Council Regulation No 6/2002, Arts 5(1)(b), 7(1) and 65(1); Commission Regulation No 2245/2002, Art. 28(1)(b)(v) and (vi)) (see paras 31-33) 3. Community designs — Ground for invalidity — Lack of novelty — Previous disclosure of identical design — Representation of a trellis (Council Regulation No 6/2002, Arts 5(1)(b), 7(1) and 25(1)(b)) (see paras 47-49, 51, 52, 54-56, 59, 62) Re: Action brought against the decision of the Third Board of Appeal of EUIPO of 11 August 2016 (Case R 754/2014-3), relating to invalidity proceedings between Netlon France and Euro Castor Green. Operative part The Court: 1. Dismisses the action; 2. Orders Euro Castor Green to pay the costs.