EN
C 165/40
Official Journal of the European Union
19.4.2022
— In that respect, the applicants note that the limitations introduced do not respond to public health reasons and their effectiveness and necessity have not been established. 4.
Fourth plea in law, alleging infringement of the fundamental rights of the Charter of equality before the law (Article 20) and non-discrimination (Article 21) and concordant rights under the European Convention on Human Rights (ECHR) by introducing, without any scientific basis for doing so, a difference in treatment between persons who are fully vaccinated and those receiving the booster dose. 5.
Fifth plea in law, alleging lack of jurisdiction ratione materiae. — In that respect, the applicants claim that the principle of conferral and Articles 5 and 168 TFEU have been infringed in so far as neither the Commission nor the EU has the power to take measures making vaccination compulsory, even indirectly, by the vaccination certificate being automatically lost 270 days after completion of the vaccination schedule. 6.
Sixth plea in law, alleging infringement of the fundamental rights of the Charter of the right to liberty (Article 6), respect for private and family life (Article 7), human dignity (Article 1) and right to the integrity of the person (Article 3) and concordant rights under the ECHR by indirectly imposing the booster vaccination in order not to lose the vaccination certificate. 7.
Seventh plea in law, alleging misuse of powers. — In that respect, the applicants claim that Article 18 of the ECHR has been infringed in so far as the delegated regulation pursues a purpose other than that intended, an indirect booster vaccination obligation so as not to automatically lose the vaccination certificate.
(1) (2)
Commission Delegated Regulation (EU) 2021/2288 of 21 December 2021 amending the Annex to Regulation (EU) 2021/953 of the European Parliament and of the Council as regards the acceptance period of vaccination certificates issued in the EU Digital COVID Certificate format indicating the completion of the primary vaccination series (OJ 2021 L 458, p. 459).
Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (OJ 2021, L 211, p. 1).
Action brought on 22 February 2022 — Transgourmet Ibérica v EUIPO — Aldi (Gourmet) (Case T-102/22) (2022/C 165/48) Language in which the application was lodged: English Parties Applicant: Transgourmet Ibérica, SAU (Gerona, Spain) (represented by: C. Duch Fonoll and I. Osinaga Lozano, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) Details of the proceedings before EUIPO Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: European Union figurative mark Gourmet — European Union trade mark No 8 143 653 Procedure before EUIPO: Cancellation proceedings Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 December 2021 in Case R 862/2021-2 Form of order sought The applicant claims that the Court should: — annul the contested decision in its entirety; — remit the case back to the Board of Appeal to give final judgment and