Source: EURLEX
Language: en
Format: md

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| 3.4.2017 | EN | Official Journal of the European Union | C 104/42 |

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Judgment of the General Court of 17 February 2017 — Novar v EUIPO

(Case T-726/14)[(1)](#ntr1-C_2017104EN.01004202-E0001)

((Non-contractual liability - Proof of the existence, validity and scope of protection of the earlier mark - International registration designating the European Union - Decision rejecting the opposition in the absence of proof of the earlier right - Rule 19(2)(a) of Regulation (EC) No 2868/95 - Revision of the decision - Article 62(2) of Regulation (EC) No 207/2009 - Damage consisting in lawyers’ fees - Causal link))

(2017/C 104/59)

Language of the case: German

Parties

Applicant: Novar GmbH (Albstadt, Germany) (represented by: R. Weede, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)

Re:

Application pursuant to Article 268 TFEU seeking compensation for material damage which the applicant allegedly sustained on account of lawyers’ fees that it incurred in an appeal against a decision of the Opposition Division allegedly adopted in breach of Rule 19(2)(a) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark and of general legal principles.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Novar GmbH and the European Union Intellectual Property Office (EUIPO) each to bear their own costs. |

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