EN
C 63/34
Official Journal of the European Union
20.2.2023
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Haskovo Chamber of Commerce and Industry (Haskovo, Bulgaria) (represented by: D. Dimitrova and I. Pakidanska, lawyers)
Re: By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2020 (Case R 2535/2019-1).
Operative part of the judgment The Court: 1.
Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2020 (Case R 2535/2019-1) in so far as it declared the EU trade mark number 9 408 865 to be invalid for all the goods covered other than the product ‘mineral water complying with the specifications of the [protected geographical indication] Devin Natural Mineral Water’ in Class 32; 2.
Dismisses the cross-claim; 3.
Orders, in respect of the main action, EUIPO to bear, in addition to its own costs, the costs incurred by Devin EAD; and orders Haskovo Chamber of Commerce and Industry to bear its own costs; 4.
Orders, in respect of the cross-claim, Haskovo Chamber of Commerce and Industry to bear its own costs and to pay the costs incurred by Devin and by EUIPO.
(1)
OJ C 339, 12.10.2020.
Judgment of the General Court of 14 December 2022 — Green Power Technologies v Key Digital Technologies Joint Undertaking (Case T-533/20) (1) (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreements — Eligible costs — OLAF report finding certain expenditure incurred to be ineligible — Recovery of sums paid — Burden of proof — Regulation (EU, Euratom) No 883/2013 — Counterclaim) (2023/C 63/42) Language of the case: Spanish Parties Applicant: Green Power Technologies (Bollullos de la Mitación, Spain) (represented by: A. León González and A. Martínez Solís, lawyers) Defendant: Key Digital Technologies Joint Undertaking, formerly ECSEL Joint Undertaking (represented by: O. Lambinet and A. Salaun, acting as Agents, and by M. Troncoso Ferrer, lawyer)
Re: By its action under Article 272 TFEU, the applicant seeks a declaration that the amounts advanced by the Key Digital Technologies Joint Undertaking in performance of the contracts Pollux (No 100205), IoE (No 269374), Motorbrain (No 270693) and AGATE (No 325630), concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) in order to finance the corresponding projects, which that joint undertaking sought to recover through the issuance of debit note No 4440200016, were eligible costs.