Дело C-162/19: Iceland Foods/EUIPO, Определение от 5 септември 2019 г.

Текст

... Board of Appeal to stay the proceedings and remit the case to the examiner for an examination of the absolute grounds for refusal — Appeal manifestly unfounded)

In Case C‑162/19 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 22 February 2019,

Iceland Foods Ltd, established in Deeside (United Kingdom), represented by S. Malynicz QC, S. Baran, Barrister, J. Hertzog, J. Warner and C. Hill, Solicitors,

appellant,

the other party to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Sixth Chamber),

composed of C. Toader, President of the Chamber, A. Rosas (Rapporteur) and L. Bay Larsen, Judges,

Advocate General: M. Bobek,

Registrar: A. Calot Escobar,

having regard to the decision taken, after hearing the Advocate General, to give a decision by reasoned order in accordance with Article 181 of the Rules of Procedure of the Court,

makes the following

Order

1. By its appeal, Iceland Foods Ltd seeks to have set aside the order of the General Court of the European Union of 14 December 2018, Iceland Foods v EUIPO — Íslandsstofa (INSPIRED BY ICELAND) (T‑267/18, not published, ‘the order under appeal’, EU:T:2018:1014), by which the General Court dismissed as manifestly inadmissible the action seeking annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2018 (Case R 340/2017-5), relating to opposition proceedings between Iceland Foods and Íslandsstofa (‘the contested decision’).

2. ...