Дело T-***/**: *****************, Определение от **.**.2019 г.

Текст

... ground for refusal — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed — Action manifestly lacking any foundation in law)

In Case T–713/18,

Esim Chemicals GmbH, established in Linz (Austria), represented by I. Rungg and I. Innerhofer, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by H. O’Neill, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Sigma-Tau Industrie Farmaceutiche Riunite SpA, established in Rome (Italy),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 2 October 2018 (Case R 1267/2018-5) relating to opposition proceedings between Sigma-Tau Industrie Farmaceutiche Riunite and Esim Chemicals,

THE GENERAL COURT (Fourth Chamber),

composed, at the time of the deliberation, of H. Kanninen, President, C. Iliopoulos and I. Reine (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 3 December 2018,

having regard to the response lodged at the Court Registry on 28 March 2019,

makes the following

Order

Background to the dispute

1. On 14 August 2015, the applicant, Esim Chemicals GmbH, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced ...