Judgment of the General Court (Second Chamber) of 21 June 2023

Data

Court: General Court

Case date: 21 juni 2023

Verdict

Judgment of the General Court (Second Chamber) of 21 June 2023 –
Rauch Furnace Technology v EUIPO – Musto et Bureau (Creuset)

(Case T‑347/22)⁽¹⁾

"(Community design - Invalidity proceedings - Community design representing a melting crucible - Prior design - Ground for invalidity - Lack of individual character - No different overall impression - Disclosure of prior design - Articles 6, 7 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Evidence filed in a language other than the language of the proceedings - Article 29(1) and (5), and Article 81(2) of Regulation (EC) No 2245/2002 - Facts or evidence relied on for the first time before the Board of Appeal - Article 63 of Regulation No 6/2002)"

1. Action for annulmentJurisdiction of the EU judicatureClaim for a declaratory judgmentInadmissibility

(Art. 263 TFEU)

(see paragraph 19)

2. Community designsAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealLimits

(Council Regulation No 6/2002, Art. 61; Rules of Procedure of the General Court, Art. 188)

(see paragraph 24)

3. Community designsProcedural provisionsExamination of the facts of EUIPO’s own motionFacts and evidence not submitted in due timeAccount takenDiscretion of EUIPO

(Council Regulation No 6/2002, Art. 63(2); Commission Regulation 2018/625, Art. 27(4))

(see paragraphs 41, 42)

4. Community designsGrounds for invalidityNo individual characterDisclosure to the publicProof of the disclosure

(Council Regulation No 6/2002, Arts 7(1) and 25(1)(b))

(see paragraphs 55-59, 62)

5. Community designsSurrender and invalidityApplication for a declaration of invalidity based on the existence of an earlier designBurden of proof

(Council Regulation No 6/2002, Arts 5 to 7, 25(1)(b), 52(1) and (2), and 53(1) and (2))

(see paragraphs 77, 78)

6. Community designsGrounds for invalidityNo individual characterDesign not giving the informed user a different overall impression from that produced by the earlier designGlobal assessment of all the elements of the earlier design

(Council Regulation No 6/2002, Arts 6(1) and 25(1)(b))

(see paragraph 79)

7. Community designsGrounds for invalidityNo individual characterDesign not giving the informed user a different overall impression from that produced by the earlier designRepresentation of a melting crucible

(Council Regulation No 6/2002, Arts 6 and 25(1)(b))

(see paragraphs 80-82)

Operative part

The Court:

1. Dismisses the action;

2. Orders Rauch Furnace Technology GmbH to bear its own costs and to pay those incurred by Musto et Bureau Srl;

3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.