EN
3.7.2023
Official Journal of the European Union
C 235/61
6.
Sixth plea in law, alleging infringement of the principles in the case-law in Di Prospero v Commission and infringement of Article 27 of the Staff Regulations and of the principle of equality in that the competition notice did not allow candidates to participate in both the AD 7 and AD 9 competitions, whereas certain candidates who had applied for the AD 9 competition were automatically transferred to the AD 7 reserve list. 7.
Seventh plea in law, alleging infringement of the principle of equality of candidates and lack of objectivity of assessment, due to the lack of stability in the selection board as a result of frequent changes to the composition of the selection board and the absence of shadowing by the President.
Action brought on 12 May 2023 — Braunschweiger Versorgungs v EUIPO — B.F. Energy (BF energy) (Case T-245/23) (2023/C 235/74) Language in which the application was lodged: English Parties Applicant: Braunschweiger Versorgungs AG & Co. KG (Braunschweig, Germany) (represented by: C. Drzymalla, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: B.F. Energy Srl (Rome, Italy)
Details of the proceedings before EUIPO Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: Application for European Union trade mark BF energy — Application for registration No 18 336 443 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 February 2023 in Case R 1646/2022-2
Form of order sought The applicant claims that the Court should: — annul the contested decision; — reject the application for the trade mark at issue; — order EUIPO and the other party to pay the costs, including the costs of proceedings before the Board of Appeal.
Pleas in law — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the level of attention of the public at large; — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the visual, aural and conceptual similarity of the signs; — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the overall assessment of the likelihood of confusion.