Court of Justice 12-12-2013 ECLI:EU:C:2013:878

Data

Court: Court of Justice

Case date: 12 december 2013

Verdict

Order of the Court (Sixth Chamber) of 12 December 2013 —Fercal v OHIM

(Case C‑159/13 P)

"Appeal - Community trade mark - Regulation (EC) No 40/94 - Community trade mark JACKSON SHOES - Application for a declaration of invalidity made by the proprietor of the national business name Jacson of Scandinavia AB - Declaration of invalidity - Manifest inadmissibility"

1. AppealsGroundsMere repetition of the pleas and arguments put forward before the General CourtError of law relied on not identifiedInadmissibility (Art. 256(1), first para. TFEU; Statute of the Court of Justice, Art. 58, first para; Rules of Procedure of the Court of Justice, Art. 173(1)) (see para. 20)

2. AppealsGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art.58) (see para 23)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 24 January 2013 in Case T‑474/09 Fercal — Consultadoria e Serviços v OHIM — Jacson of Scandinavia, by which the General Court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 18 August 2009 (Case R 1253/2008‑2) relating to invalidity proceedings between Jacson of Scandinavia AB and Fercal — Consultadoria e Serviços, Lda.

Operative part

1. The appeal is dismissed.

2. Fercal — Consultadoria e Serviços Lda is ordered to pay the costs.