Information;Order — ECLI:EU:T:2020:343
Date: 2020-07-15
Language of the case: English
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - inadmissible
Origin: Netherlands

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‑838/19) (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 1005/2018-3), 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.