Дело C-442/15: Pensa Pharma/EUIPO, Съдебно решение от 22 септември 2016 г.

Текст

... ntasa — Declaration of invalidity — Proceedings before EUIPO — Change in the subject matter of the proceedings — New plea before the General Court)

In Case C‑442/15 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 12 August 2015,

Pensa Pharma SA, established in Valence (Spain), represented by R. Kunze and G. Würtenberger, Rechtsanwälte,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO), represented by J. Crespo Carrillo, acting as Agent,

defendant at first instance,

Ferring BV, established in Hoofddorp (Netherlands),

Farmaceutisk Laboratorium Ferring A/S, established in Copenhagen (Denmark),

represented by I. Fowler, Solicitor, and D. Slopek, Rechtsanwalt,

interveners at first instance,

THE COURT (Eighth Chamber),

composed of D. Šváby, President of the Chamber, M. Safjan and M. Vilaras (Rapporteur), Judges,

Advocate General: M. Bobek,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1. By its appeal, Pensa Pharma SA seeks to have set aside the judgment of the General Court of the European Union of 3 June 2015, Pensa Pharma v OHIM — Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa) (T‑544/12 and T‑546/12, not published, ‘the judgment under appeal’, EU:T:2015:355), by which that Court dismissed its actions seeking the annulment of the decisions of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 October 2012 ...