Information;Order — ECLI:EU:T:2021:291
Date: 2021-05-17
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - inadmissible
Origin: Spain

Order of the General Court (Tenth Chamber) of 17 May 2021 – Electrodomésticos Taurus v EUIPO – Shenzhen Aukey E-Business (AICOOK) (Case T‑328/20) (Action for annulment – EU trade mark – Opposition proceedings – Application of a declaratory nature – Application for directions to be issued – Inadmissibility) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Declaratory judgments – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72(2) and (3)) (see para. 24) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see para. 28) 3. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the Office – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 32) 4. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of the Office – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see para. 34) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 March 2020 (Case R 2212/2019-5), relating to opposition proceedings between Electrodomésticos Taurus and Shenzhen Aukey E-Business. Operative part 1. The action is dismissed as inadmissible. 2. Electrodomésticos Taurus, SL shall pay the costs.