Provisional text
ORDER OF THE GENERAL COURT (Third Chamber)
17 July 2017 (*)
(Rectification)
In Case T-106/16,
zero Holding GmbH & Co. KG, established in Bremen (Germany), represented by M. Nentwig, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by M. Vuijst and H. O’Neill, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO being
Oliver Hemming, residing in Cadbury (United Kingdom),
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 71/2015-4), relating to opposition proceedings between zero Holding and Mr Hemming,
THE GENERAL COURT (Third Chamber),
composed of S. Frimodt Nielsen, President, V. Kreuschitz (Rapporteur) and N. Półtorak, Judges,
Registrar: E. Coulon,
makes the following
Order
1        The Court has delivered the judgment of 9 February 2017, zero v EUIPO – Hemming (ZIRO), T-106/16, not published, EU:2017:67.
2        In accordance with Article 164(1) of the Rules of Procedure of the General Court, the parties having been given an opportunity to submit their written observations pursuant to Article 164(3) of those rules, it is necessary to rectify, a clerical mistake found in the object as well as in the operative part of that judgment.
On those grounds,
THE GENERAL COURT (Third Chamber)
hereby orders:
The paragraph in which the object is contained should read as follows:
‘ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 71/2015-4), relating to opposition proceedings between zero Holding and Mr Hemming;’
instead of:
1      ‘ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 71/2015-5), relating to opposition proceedings between zero Holding and Mr Hemming.’
The first paragraph of the operative part of the judgment should read as follows:
‘1.      Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 January 2016 (Case R 71/2015‑4);’
instead of :
‘1.      Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 January 2016 (Case R 71/2015‑5).’
Luxembourg, 17 July 2017.
E. Coulon
S. Frimodt Nielsen
Registrar
President
* Language of the case: English.