Дело C-162/17: Полша/Stock Polska sp. z o.o. и EUIPO, Съдебно решение от 16 януари 2019 г.

Текст

... the word element LUBELSKA — Dominant and distinctive element)

In Case C‑162/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 30 March 2017,

Republic of Poland, represented by B. Majczyna, acting as Agent,

applicant,

the other parties to the proceedings being:

Stock Polska sp. z o.o., established in Warsaw (Poland), represented by T. Gawrylczyk, radca prawny,

applicant at first instance,

European Union Intellectual Property Office (EUIPO), represented by M. Rajh and D. Botis, acting as Agents,

defendant at first instance,

Lass & Steffen GmbH Wein- und Spirituosen-Import, established in Lübeck (Germany), represented by R. Kunz-Hallstein, Rechtsanwalt,

intervener at first instance,

THE COURT (Eighth Chamber),

composed of M. Vilaras, President of the Fourth Chamber, acting as President of the Eighth Chamber, J. Malenovský and D. Šváby (Rapporteur), Judges,

Advocate General: M. Campos Sánchez-Bordona,

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, the Republic of Poland asks the Court to set aside the judgment of the General Court of the European Union of 19 January 2017, Stock Polska v EUIPO — Lass & Steffen (LUBELSKA) (T‑701/15, not published, ‘the judgment under appeal’, EU:T:2017:16) in so far as by that judgment the General Court dismissed Stock Polska sp. z o.o’s action for annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property ...