C 252/62
EN
Official Journal of the European Union
17.7.2023
— Third plea in law, alleging infringement of the obligation to state reasons and of the related principle of equality of the parties to proceedings (Article 47 of the Charter of Fundamental Rights of the European Union) since the applicant was not put in a position to know all of the reasons for which he was excluded from the competition before he lodged his action.
That also constituted an infringement of the principle of equality of arms in proceedings. — Fourth plea in law, alleging infringement of Article 5(5) and (6) of Annex III to the Staff Regulations, in that the selection board failed to include on that reserve list at least twice as many candidates as there were posts available in the competition. — Fifth 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. — Sixth 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 17 May 2023 — Puma v EUIPO — Puma (puma soundproofing) (Case T-266/23) (2023/C 252/74) Language in which the application was lodged: English Parties Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Puma Srl (Settimo Milanese, 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 figurative mark puma soundproofing — Application for registration No 18 165 411 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the First Board of Appeal of EUIPO of 27 February 2023 in Case R 1399/2021-1
Form of order sought The applicant claims that the Court should: — annul the contested decision; — order EUIPO to pay the costs, including those incurred before the Board of Appeal.
Plea in law — Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.