EN
5.12.2022
Official Journal of the European Union
C 463/25
2.
Annuls Council Implementing Regulation (EU) 2020/1130 of 30 July 2020 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and Council Implementing Regulation (EU) 2021/1241 of 29 July 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 in so far as they maintain the name of LAICO on the list of entities set out in Annex III to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011; 3.
Orders the effects of Article 1 of Decision 2021/1251 to be maintained in respect of LAICO until the date of expiry of the period for bringing an appeal, as provided for in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, or, if an appeal is brought within that period, until the date of any dismissal of that appeal; 4.
Orders the Council of the European Union to pay the costs.
(1)
OJ C 443, 21.12.2020.
Judgment of the General Court of 5 October 2022 — Puma v EUIPO — CMS (CMS Italy) (Case T-711/20) (1) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding towards the left and earlier international figurative mark PUMA — Relative ground for refusal — Detriment to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Similarity of the signs — Proof of reputation — Overall assessment) (2022/C 463/33) Language of the case: English Parties Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer) Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: CMS Costruzione macchine speciali SpA (Alonte, Italy) (represented by: M. Salvador and R. Brogi, lawyers)
Re: By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 September 2020 (Case R 2215/2019-4).
Operative part of the judgment The Court: 1.
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 September 2020 (Case R 2215/2019-4) as regards the oppositions based on earlier trade marks No 480 105 and No 593 987; 2.
Dismisses the action as to the remainder; 3.
Orders Puma SE, EUIPO and CMS Costruzione macchine speciali SpA each to bear their own costs.
(1)
OJ C 35, 1.2.2021.