Source: EURLEX
Language: en
Format: md

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| 8.7.2019 | EN | Official Journal of the European Union | C 230/52 |

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Order of the General Court of 10 May 2019 — Zott v EUIPO — TSC Food Products (Ready-to-eat rectangular cake)

(Case T-517/18) [(1)](#ntr1-C_2019230EN.01005201-E0001)

(Community design - Invalidity proceedings - Community design representing a ready-to-eat rectangular cake - Earlier Community design - Ground for invalidity - No individual character - No different overall impression - Designer’s degree of freedom - Informed user - Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 - Action manifestly lacking any foundation in law)

(2019/C 230/65)

Language of the case: German

Parties

Applicant: Zott SE & Co. KG (Mertingen, Germany) (represented by: E. Schalast, R. Lange and C. Böhler, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: TSC Food Products GmbH (Wels, Austria) (represented by: M. Gaderer, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 27 June 2018 (Case R 1341/2017-3), relating to invalidity proceedings between TSC Food Products and Zott.

Operative part of the order

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| 1. | The action is dismissed. |

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| 2. | Zott SE & Co. KG is ordered to pay the costs. |

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