Order — ECLI:EU:T:2019:323
Date: 2019-05-10
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court of 10 May 2019 — Zott v EUIPO — TSC Food Products (Ready-to-eat rectangular cake) (Case T-517/18) 1 (Community design — Invalidity proceedings — Community design representing a ready-to-eat rectangular cake — Earlier Community design — Ground for invalidity — No individual character — No different overall impression — Designer’s degree of freedom — Informed user — Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Action manifestly lacking any foundation in law) Language of the case: German Parties Applicant: Zott SE & Co. KG (Mertingen, Germany) (represented by: E. Schalast, R. Lange and C. Böhler, lawyers) Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: TSC Food Products GmbH (Wels, Austria) (represented by: M. Gaderer, lawyer) Re: Action brought against the decision of the Third Board of Appeal of EUIPO of 27 June 2018 (Case R 1341/2017-3), relating to invalidity proceedings between TSC Food Products and Zott. Operative part of the order 1. The action is dismissed. 2. Zott SE & Co. KG is ordered to pay the costs. ____________ 1 OJ C 373, 15.10.2018.