Information;Judgment — ECLI:EU:T:2025:1099
Date: 2025-12-10
Language of the case: German
Court formation: Eighth Chamber
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court (Eighth Chamber) of 10 December 2025 – LTV Leuchten & Lampen v EUIPO – XAL (Lighting fittings) (Case T‑82/25) ( EU design – Invalidity proceedings – Registered EU design representing a lighting fitting – Prior designs – Ground for invalidity – No disclosure of the prior designs – Prior designs produced after the filing of the application for a declaration of invalidity – Procedural irregularities before the Cancellation Division – Refusal to grant the applicant’s requests for measures of inquiry and for an oral hearing – Misuse of powers ) 1. EU designs – Procedural provisions – Measures of inquiry – Hearing of parties or witnesses and expert’s report – Discretion of the Office – Judicial review – Scope – Limits (Council Regulation No 6/2002, Art. 65(1)(a)(d) and (e); Commission Regulation No 2245/2002, Art. 43(1)) (see paragraphs 18, 19, 26, 28, 29) 2. EU designs – Grounds for invalidity – No individual character – Disclosure to the public – Proof of the disclosure (Council Regulation No 6/2002, Art. 7(1)) (see paragraphs 22-24) 3. EU designs – Procedural provisions – Measures of inquiry – Hearing of parties or witnesses and expert’s report – Discretion of the Office – Scope – Limits – Misuse of powers (Council Regulation No 6/2002, Art. 65(1)(a)(d) and (e); Commission Regulation No 2245/2002, Art. 43(1)) (see paragraph 37) 4. EU designs – Appeals procedure – Recourse to the oral procedure – Discretion of the Office (Council Regulation No 6/2002, Art. 64(1)) (see paragraph 44) 5. EU designs – Procedural provisions – Examination of the facts of EUIPO’s own motion – Facts and evidence not submitted in due time – Account taken – Prior design produced after the filing of the application for a declaration of invalidity – Precluded (Council Regulation No 6/2002, Art. 52(2); Commission Regulation No 2245/2002, Art. 28(1)(b)(v)) (see paragraphs 51-54) 6. EU designs – Appeals procedure – Appeal brought against a decision taken by a department of EUIPO – Examination by the Board of Appeal – Scope (Council Regulation No 6/2002, Art. 60(1)) (see paragraphs 59, 60) 7. EU designs – Procedural provisions – Examination of the facts of EUIPO’s own motion – Facts and evidence not submitted in due time – Account taken – Discretion of EUIPO (Council Regulation No 6/2002, Art. 63(2); Commission Regulation No 2245/2002, Art. 28(1)(b)(v) and (vi)) (see paragraphs 63-65) 8. Judicial proceedings – Decision given by reasoned order – Conditions – Action manifestly inadmissible or manifestly lacking any foundation in law – Ineffective pleas in law (Rules of Procedure of the General Court, Art. 126) (see paragraph 72) 9. EU designs – Conditions for protection– Individual character – Design giving the informed user a different overall impression from that produced by the earlier design – Determination of the overall impression in relation to one or more earlier designs, taken individually (Council Regulation No 6/2002, Art. 6(1)(b)) (see paragraph 79) Operative part The Court: 1. Dismisses the action; 2. Orders LTV Leuchten & Lampen Vertriebs GmbH to bear its own costs and to pay those incurred by XAL GmbH; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.