Judgment — ECLI:EU:T:2010:529
Date: 2010-12-16
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

summary of the facts relevant for the analysis and from the legal analysis in the strict sense carried out by the Board of Appeal in the contested decisions. 94 Although the statement of reasons for the contested decisions is terse so far as concerns the effects of the use without due cause of the marks applied for, the reasons are nevertheless apparent from paragraphs 42 to 44 of the first contested decision and paragraphs 43 to 45 of the second contested decision. In that regard, the applicants have all the relevant information to enable them to dispute that statement of reasons in the present case. Furthermore, even though the legality of the contested decisions must be examined in the light of the relevant case-law, the Board of Appeal cannot be criticised for not having taken into consideration in the contested decisions, which were adopted on 28 May and 5 June 2008, the content of the judgment in Intel Corporation, paragraph 30 above, which was delivered on 27 November 2008. 95 It is apparent from the foregoing that the second plea must be rejected. 96 The actions must therefore be dismissed in their entirety. Costs 97 Under Article 87(2) of the Rules of Procedure of the General Court, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the applicants have been unsuccessful, they must be ordered to pay the costs, in accordance with the forms of order sought by OHIM. On those grounds, THE GENERAL COURT (Third Chamber) hereby: 1. Dismisses the actions; 2. Orders Helena Rubinstein SNC to pay the costs in Case T‑345/08; 3. Orders L’Oréal SA to pay the costs in Case T‑357/08. Azizi Cremona Frimodt Nielsen Delivered in open court in Luxembourg on 16 December 2010. [Signatures] * Language of the case: English.