Judgment — ECLI:EU:T:2018:110
Date: 2018-03-01
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Portugal

summary set out at the end of that document, that ‘Altunis appeals against the decision of the Board of Appeal on two grounds’, which were the subject of the analysis set out in paragraphs 17 to 75 above. 81 Moreover, the applicant has not identified, either during the proceedings before EUIPO or before the Court, any specific argument which serves to connect the allegation of infringement of the 1967 agreement to the pleas in law raised in support of its action. In particular, the applicant does not explain how the alleged infringement of the 1967 agreement could lead to the pleas raised in its action being upheld. 82 It should be recalled that, in accordance with the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and Article 177(1)(d) of the Rules of Procedure of the General Court, the application must contain the subject matter of the dispute, the pleas and arguments on which the application is based and a summary of those pleas. That statement must be apparent from the text of the application itself and be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the action, if necessary without any other supporting information (judgments of 27 September 2005, Cargo Partner v OHIM (CARGO PARTNER), T‑123/04, EU:T:2005:340, paragraph 27, and of 3 December 2014, Max Mara Fashion Group v OHIM — Mackays Stores (M & Co.), T‑272/13, not published, EU:T:2014:1020, paragraphs 17 and 18). 83 Accordingly, in the light of the foregoing, the argument based on the 1967 agreement is inadmissible (see, to that effect, judgment of 18 February 2016, HARRY’S BAR, T‑711/13 and T‑716/13, not published, EU:T:2016:82, paragraphs 25 to 28). 84 Consequently, the action for annulment must be dismissed in its entirety. Costs 85 Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. 86 Since the applicant has been unsuccessful, it must be ordered to pay the costs, in accordance with the forms of order sought by EUIPO and the intervener. On those grounds, THE GENERAL COURT (Eighth Chamber) hereby: 1. Dismisses the action; 2. Orders Altunis-Trading, Gestão e Serviços, Lda to pay the costs. Collins Kancheva Passer Delivered in open court in Luxembourg on 1 March 2018. E. Coulon A. M. Collins Registrar President * Language of the case: English.