Information;Judgment — ECLI:EU:T:2023:804
Date: 2023-12-13
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 13 December 2023 – Light Tec v EUIPO – DecoTrend (Lampshade) (Case T‑10/23) (1) ( Community design – Invalidity proceedings – Registered Community design representing a star – Earlier design produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Discretion of the Board of Appeal – Article 63(1) and (2) of Regulation (EC) No 6/2002 – Obligation to state reasons – Right to be heard ) 1. Community designs – Surrender and invalidity – Application for a declaration of invalidity based on the existence of an earlier design – Burden of proof – Requirements relating to the reproduction of the earlier design (Council Regulation No 6/2002, Arts 52(2) and 63(1); Commission Regulation No 2245/2002, Art. 28(1)(b)(i)(v) and (vi)) (see paragraphs 24, 26) 2. Community designs – Procedural provisions – Examination of the facts of EUIPO’s own motion – Facts and evidence not submitted in due time – Account taken – Earlier design produced after the filing of the application for a declaration of invalidity – Precluded (Council Regulation No 6/2002, Arts 52(2) and 63(2); Commission Regulation No 2245/2002, Art. 28(1)(b)(i)(v) and (vi)) (see paragraphs 27, 28, 31, 44-48) 3. Community designs – Procedural provisions – Statement of reasons for decisions – First sentence of Article 62 of Regulation No 6/2002 – Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Regulation No 6/2002, Art. 62, first sentence) (see paragraphs 59-62) 4. Community designs – Procedural provisions – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle (Council Regulation No 6/2002, Art. 60(2), second sentence) (see paragraphs 72, 73) Operative part The Court: 1. Dismisses the action; 2. Orders Light Tec Ltd to bear its own costs and to pay those incurred by DecoTrend GmbH; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 71, 27.2.2023.