Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2024/7154 | 9.12.2024 |

Appeal brought on 20 June 2024 by the European Union Intellectual Property Office against the judgment of the General Court (Fifth Chamber) delivered on 10 April 2024 in Case T-38/23, IB v EUIPO

(Case C-435/24 P)

(C/2024/7154)

Language of the case: French

Parties

Appellant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, E. Lekan, B. Wägenbaur, acting as Agents)

Other party to the proceedings: IB

Form of order sought

The appellant claims that the Court should:

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| — | set aside the judgment of the General Court of 10 April 2024 in Case T-38/23, IB v EUIPO; |

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| — | order IB to pay the costs. |

Grounds of appeal and main arguments

In support of its appeal, the European Union Intellectual Property Office puts forward three main grounds of appeal:

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| — | First ground of appeal, directed against paragraphs 42, 55, 60 and 62 of the judgment under appeal, alleging infringement of Article 266 TFEU and, in particular, that the General Court distorted the facts, exceeded its jurisdiction and replaced a procedural issue with a substantive issue; |

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| — | Second ground of appeal, directed against paragraphs 55, 59 and 60 to 62 of the judgment under appeal, alleging breach of the principle nemo auditor propriam turptidinem allegans and of the principle of equal treatment; |

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| — | Third ground of appeal, directed against paragraphs 42 and 62 of the judgment under appeal, alleging infringement of Article 59(4) of the Staff Regulations. |

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