EN
C 24/46
Official Journal of the European Union
17.1.2022
4.
The Commission failed to send a copy of the decision to the complainant pursuant to Article [24](2), third subparagraph, of Council Regulation (EU) 2015/1589. 5.
The Commission failed to take the necessary measures also after being called upon to do so on 22 June 2021, in accordance with Article 265 TFEU.
(1)
Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).
Action brought on 3 November 2021 — Hoteles Olivencia v EUIPO — Corporacion H10 Hotels (HOTELES HO) (Case T-707/21) (2022/C 24/60) Language in which the application was lodged: Spanish Parties Applicant: Hoteles Olivencia, SL (Almería, Spain) (represented by: S. Mohamed Acosta, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Corporacion H10 Hotels, SL (Barcelona, Spain)
Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant before the General Court Trade mark at issue: Application for the European Union figurative mark HOTELES HO — Application for registration No 18 202 245 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 August 2021 in Case R 782/2021-4
Form of order sought The applicant claims that the Court should: — Annul the contested decision recognising the registration of the trade mark at issue and ordering the opponent of the original trade mark application to pay the costs; — In the alternative, if the appeal is dismissed, each party should bear its own costs, given the subject matter at issue and its apparent complexity, and given the various changes of approach in the decisions of each instance, circumstances which should be taken into account in relation to the provisions of Article 109(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Pleas in law — At issue is the application or non-application of Article 8(1)(b) and the effective (or defective) non-application of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; — Error due to the failure to apply Article 109(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.