Judgment — ECLI:EU:T:2017:899
Date: 2017-12-13
Language of the case: German
Court formation: Second Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court of 13 December 2017 — Delfin Wellness v EUIPO — Laher (Infrared and sauna cabins) (Case T-114/16) 1 (Community design — Invalidity proceedings — Registered community designs representing infrared and sauna cabins — Earlier designs — Ground for invalidity — Lack of novelty — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Disclosure of the earlier designs before the date of priority — Article 7(1) and (2) of Regulation No 6/2002 — Right to be heard — Article 64(1) of Regulation No 6/2002) Language of the case: German Parties Applicant: Delfin Wellness GmbH (Leonding, Austria) (represented by: T. Riedler, lawyer) Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sabine Laher (Weyer, Austria) (represented by: P. Pfeil, lawyer) Re: Action brought against three decisions of the Third Board of Appeal of EUIPO of 12 January 2016 (Cases R 849/2014–3, R 850/2014–3 and R 851/2014–3), relating to invalidity proceedings between Delfin Wellness and Ms Laher. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Delfin Wellness GmbH to pay the costs, including the costs necessarily incurred by Ms Sabine Laher for the purposes of the three sets of proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO). ____________ 1 OJ C 165, 10.5.2016.