Source: EURLEX
Language: en
Format: md

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| 18.3.2019 | EN | Official Journal of the European Union | C 103/32 |

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Judgment of the General Court of 31 January 2019 — Thun v EUIPO (Fish)

(Case T-604/17) [(1)](#ntr1-C_2019103EN.01003201-E0001)

((Community design - Registered Community design - Failure to apply for renewal - Removal of the design from the register on expiry of registration - Application for restitutio in integrum - Cumulative conditions - Duty of due care - Delegation of power - Loss of a right))

(2019/C 103/41)

Langue of the case: Italian

Parties

Applicant: Thun SpA (Bolzano, Italy) (represented by: B. Giordano, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 9 June 2017 (Case R 1680/2016-3) relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Thun SpA to pay the costs. |

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