Order of the Court (Sixth Chamber) of 21 September 2012 – Noscira v OHIM

(Case C-69/12 P)

‛Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Failure to submit the original signed copy of the application before expiry of the time limit — Inadmissibility (Rules of Procedure of the General Court, Art. 44(6)) (see paras 22, 23)

2. European Union law — Principles — Protection of legitimate expectations — Conditions — Precise assurances provided by the administration (see para. 27)

3. Judicial proceedings — Time limits for bringing appeals — Time-barred — Excusable error — Strict application of European Union rules — Scope (Statute of the Court of Justice, Art. 45, second para.) (see paras 34, 35)

4. Judicial proceedings — Time limits for bringing appeals — Time-barred — Unforeseeable circumstances or force majeure — Meaning — Excusable error — Meaning (Statute of the Court of Justice, Art. 45, second para.) (see paras 38, 39)

Re

Appeal brought against the order of the General Court (Seventh Chamber) of 28 November 2011 in Case T-307/11 Noscira v OHIM, by which the General Court dismissed the action brought by the applicant for the word mark ‘ZENTYLOR’ against Decision R 661/2010-2 of the Second Board of Appeal of OHIM of 10 March 2011, annulling the decision of the Opposition Division which rejected the opposition brought by the proprietor of the Community word mark ‘XENTRIOR’ — Time limit for bringing an appeal — Lateness — Manifest inadmissibility

Operative part

1. The appeal is dismissed.

2. Noscira SA is ordered to bear its own costs.

Order of the Court (Sixth Chamber) of 21 September 2012 – Noscira v OHIM

(Case C-69/12 P)

‛Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Failure to submit the original signed copy of the application before expiry of the time limit — Inadmissibility (Rules of Procedure of the General Court, Art. 44(6)) (see paras 22, 23)

2. European Union law — Principles — Protection of legitimate expectations — Conditions — Precise assurances provided by the administration (see para. 27)

3. Judicial proceedings — Time limits for bringing appeals — Time-barred — Excusable error — Strict application of European Union rules — Scope (Statute of the Court of Justice, Art. 45, second para.) (see paras 34, 35)

4. Judicial proceedings — Time limits for bringing appeals — Time-barred — Unforeseeable circumstances or force majeure — Meaning — Excusable error — Meaning (Statute of the Court of Justice, Art. 45, second para.) (see paras 38, 39)

Re

Appeal brought against the order of the General Court (Seventh Chamber) of 28 November 2011 in Case T-307/11 Noscira v OHIM, by which the General Court dismissed the action brought by the applicant for the word mark ‘ZENTYLOR’ against Decision R 661/2010-2 of the Second Board of Appeal of OHIM of 10 March 2011, annulling the decision of the Opposition Division which rejected the opposition brought by the proprietor of the Community word mark ‘XENTRIOR’ — Time limit for bringing an appeal — Lateness — Manifest inadmissibility

Operative part

1. The appeal is dismissed.