Information;Judgment — ECLI:EU:T:2021:401
Date: 2021-06-30
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

summary of the pleas in law on which it is based. It is settled case-law that, although specific points in the text of the application can be supported and completed by references to specific passages in the documents annexed to it, a general reference to other documents cannot compensate for a failure to set out the essential elements of the legal argument, which must, under the provisions recalled above, appear in the application itself (see judgment of 8 July 2020, Scorify v EUIPO – Scor (SCORIFY), T‑328/19, not published, EU:T:2020:311, paragraph 20 and the case-law cited). That case-law is applicable, by analogy, to the intervener’s response. 86 Likewise, it is not for the Court to assume the role of the parties by seeking to identify the relevant material in the documents to which they refer (see judgment of 8 July 2020, SCORIFY, T‑328/19, not published, EU:T:2020:311, paragraph 21 and the case-law cited). 87 In the light of all of the foregoing, the applicant’s second plea must be upheld and the action dismissed in its entirety, without it being necessary to comment on the admissibility of the intervener’s heads of claim. Costs 88 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. In the present case, EUIPO and the intervener have been unsuccessful and the applicant has applied for costs to be awarded against them. Consequently, EUIPO and the intervener must be ordered to pay jointly, in addition to their own costs, all of the costs incurred by the applicant in the present proceedings. On those grounds, THE GENERAL COURT (Sixth Chamber) hereby: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 October 2019 (Case R 798/2018‑4); 2. Orders EUIPO and Sky Ltd to bear their own costs and, in addition, to pay jointly those incurred by Skyliners GmbH. Marcoulli Frimodt Nielsen Schwarcz Delivered in open court in Luxembourg on 30 June 2021. E. Coulon S. Papasavvas Registrar President * Language of the case: English.