Order — ECLI:EU:C:2016:463
Date: 2016-06-16
Language of the case: Spanish
Court formation: Ninth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Ninth Chamber) of 16 June 2016 — L’Oréal v EUIPO (Case C‑611/15 P) Appeal — EU trade mark AINHOA — Revocation proceedings — Genuine use of a mark — Regulation (EC) No 207/2009 — Article 15(1), second para., (a) — Article 51(1)(a) — Proof of use — Regulation (EC) No 2868/95 — Rules 22 and 40(5) — Article 181 of the Rules of Procedure of the Court of Justice — Appeal in part manifestly inadmissible and in part manifestly unfounded 1. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 16) 2. EU trade mark — Procedural provisions — Revocation proceedings — Facts and evidence not submitted within the prescribed time limit — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Arts 51(1)(a), 57(1) and 76(2); Commission Regulation No 2868/95, Art. 1, Rule 40(5)) (see paras 24-27) Operative part 1. The appeal is dismissed. 2. L’Oréal SA is ordered to pay the costs.