Judgment — ECLI:EU:T:2015:31
Date: 2015-01-20
Language of the case: English
Court formation: Third Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Third Chamber) of 20 January 2015 — Aic v OHIM — ACV Manufacturing (Heat exchangers) (Case T‑615/13) Community design — Invalidity proceedings — Registered Community design representing a heat exchanger — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002 1. Community designs — Procedural provisions — Examination of the facts of the Office’s own motion — Action for invalidity — Examination restricted to the submissions of the parties (Council Regulation No 6/2002, Art. 63(1)) (see paras 22, 23) 2. Community designs — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 6/2002) (see para. 28) Re: ACTION brought against the decision of the Third Board of Appeal of OHIM of 10 September 2013 (Case R 291/2012-3), relating to invalidity proceedings between ACV Manufacturing and Aic S.A. Operative part The Court: 1. Dismisses the action; 2. Orders Aic S.A. to pay the costs.