Information;Judgment — ECLI:EU:T:2025:753
Date: 2025-07-23
Language of the case: German
Court formation: Seventh Chamber
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 23 July 2025 – EveMotion v EUIPO – WMK Trading (Pavilion) (Case T‑54/24) ( European Union design – Invalidity proceedings – Registered European Union design representing a pavilion – Prior design – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 ) 1. EU designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Criteria for assessment – Freedom of the designer (Council Regulation No 6/2002, Arts 6 and 25(1)(b)) (see paragraphs 20, 21, 26-28, 33) 2. EU designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Saturation of the state of the art – Relevance (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 34, 36-38) 3. EU designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Representation of a pavilion (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 35, 50, 62, 64, 72, 77) 4. EU designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Global assessment of all the elements of the earlier design (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paragraphs 51-54, 63) 5. EU designs – Conditions for protection – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment (Council Regulation No 6/2002, Art. 8(1)) (see paragraph 61) 6. EU designs – Conditions for protection – Representation meeting the definition of a design – Criteria for assessment – Consideration of the representation filed at the time of the application for registration (Council Regulation No 6/2002, Art. 3(a)) (see paragraph 67) Operative part The Court: 1. Dismisses the action; 2. Orders EveMotion GmbH to pay the costs.