Case C-529/18 P: Appeal brought on 9 August 2018 by PJ against the order of the General Court (Fourth Chamber) made on 30 May 2018 in Case T-664/16, PJ v European Union Intellectual Property Office (EUIPO)
Date: 2018-08-09
Institutions: Court of Justice
Subjects: EU trade mark, general mechanical engineering, lawyer, motor car, motor vehicle, registered trade mark, right to justice, trade-mark law








C_2020103EN.01000402.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/4






Appeal brought on 9 August 2018 by PJ against the order of the General Court (Fourth Chamber) made on 30 May 2018 in Case T-664/16, PJ v European Union Intellectual Property Office (EUIPO)
(Case C-529/18 P)
(2020/C 103/05)
Language of the case: German

Parties


Appellant: PJ (represented by: J. Lipinsky and C. von Donat, Rechtsanwälte)

Other parties to the proceedings: European Union Intellectual Property Office, Erdmann & Rossi GmbH

Form of order sought

The appellant claims that the Court should:






1.


set aside the operative part of the order of the General Court of the European Union of 30 May 2018 in Case T-664/16 and refer the case back to the General Court for judgment;










2.


order the European Union Intellectual Property Office and the intervener to pay the costs of the proceedings.





Grounds of appeal and main arguments

In support of its appeal, the appellant relies on three grounds of appeal, alleging:






1.


Infringement of Article 19(3) of the Statute of the Court of Justice (in conjunction with Article 51(1) of the Rules of Procedure of the General Court)
The General Court infringed Article 19(3) of the Statute of the Court of Justice (in conjunction with Article 51(1) of the Rules of Procedure of the General Court), since it misapplied the parties’ obligation laid down in that provision to be ‘represented by a lawyer’. The General Court overestimates the requirements of the lawyer’s independence. The wording and meaning of Article 19(3) of the Statute of the Court of Justice do not justify the General Court’s interpretation. The General Court’s interpretation also finds no basis in the case-law of the Court of Justice. It is not foreseeable and breaches the principle of legal certainty.










2.


Infringement of Article 19(3) of the Statute of the Court of Justice (in conjunction with Article 51(1) of the Rules of Procedure of the General Court)
The order under appeal also infringes Article 19(3) of the Statute of the Court of Justice (in conjunction with Article 51(1) of the Rules of Procedure of the General Court), since the General Court, in finding that the appellant’s lawyer lacked independence, relies on presumptions which are not substantiated by facts and clearly does not acknowledge undisputed facts. Therefore, the General Court clearly draws erroneous inferences from the facts of the dispute, or distorts them.










3.


Infringement of Article 47 of the Charter of Fundamental Rights of the European Union
The order under appeal infringes Article 47(1) and (2) of the Charter, since the General Court’s broad interpretation of the concept of ‘independence’ of an applicant’s lawyer, which cannot be inferred from the wording of Article 19(3) of the Statute of the Court of Justice, results in the appellant being denied effective judicial protection.