6.2.2023
EN
Official Journal of the European Union
C 45/23
Pleas in law and main arguments In support of the action, the applicant relies on four pleas in law. 1.
First plea, alleging illegality of the administrative investigation.
According to the applicant, the investigators went beyond the factual and temporal scope of the powers granted to them by the appointing authority. 2.
Second plea, alleging illegality of the decision to reject the complaint.
The applicant submits, in that regard, that the principle of sound administration, enshrined in Article 41 of the Charter of Fundamental Rights of the European Union, was not respected and that the applicant’s case was not handled impartially. 3.
Third plea, alleging failure to respect the rights of the defence.
The applicant submits that no details regarding the claim made against her were given in respect of the finding made against the applicant. 4.
Fourth plea, alleging lack of evidence.
According to the applicant, the infringements of Articles 12 and 21 of the Staff Regulations of Officials of the European Union have not been proved to the requisite legal standard, so that a disciplinary penalty of a reprimand cannot be imposed on her on the basis of those infringements.
Action brought on 10 December 2022 — Fibrecycle v EUIPO (BACK-2-NATURE) (Case T-772/22) (2023/C 45/31) Language of the case: English Parties Applicant: Fibrecycle Pty Ltd (Helensvale, Australia) (represented by: T. Stein, lawyer) Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO Trade mark at issue: International registration designating the European Union in respect of the mark BACK-2-NATURE — Application for registration No 1 485 655 Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 October 2022 in Case R 1699/2020-2
Form of order sought The applicant claims that the Court should: — annul the contested decision; — order EUIPO to pay the costs.
Plea in law — Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.