Information;Order — ECLI:EU:T:2022:822
Date: 2022-12-09
Language of the case: English
Court formation: Second Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded

Order of the General Court (Second Chamber) of 9 December 2022 – AMO Development v EUIPO (Medical instruments) (Case T‑311/22) (1) (Community designs – Community designs representing medical instruments – No application for renewal – Cancellation of the designs on expiry of the registration – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002 – Duty to take due care – Action manifestly lacking any foundation in law) 1. Community designs – Procedural provisions – Restitutio in integrum – Conditions – Due care required by the circumstances – Delegation of administrative tasks relating to renewal of a design (Council Regulation No 6/2002, Art. 67(1)) (see paragraphs 17, 18) 2. Community designs – Procedural provisions – Restitutio in integrum – Conditions – Due care required by the circumstances – Exceptional events, which cannot therefore be predicted (Council Regulation No 6/2002, Art. 67(1)) (see paragraphs 19, 20, 53) 3. Community designs – Procedural provisions – Restitutio in integrum – Conditions – Due care required by the circumstances – Exceptional events, which cannot therefore be predicted – Human error in recording information – Precluded (Council Regulation No 6/2002, Art. 67(1)) (see paragraphs 32, 34) 4. Community designs – Procedural provisions – Probative value of the evidence – Solemn declarations (Council Regulation No 6/2002, Art. 65(1)(f)) (see paragraph 46) 5. Community designs – Procedural provisions – Registration procedure –Obligation to observe the time limits prescribed by EUIPO – Failure to comply penalised by forfeiture of a right – Breach of principle of proportionality – None (Council Regulation No 6/2002) (see paragraph 52) Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. AMO Development LLC shall pay the costs. 1 OJ C 276, 18.7.2022.