Дело C-437/16: Wolf Oil/EUIPO, Съдебно решение от 5 октомври 2017 г.

Текст

... PION — Opposition dismissed)

In Case C‑437/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 4 August 2016,

Wolf Oil Corp., established in Hemiksem (Belgium), represented by P. Maeyaert and J. Muyldermans, advocaten,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO), represented by L. Rampini, acting as Agent,

defendant at first instance,

SCT Lubricants UAB, established in Klaipėda (Lithuania), represented by S. Labesius, Rechtsanwalt,

intervener at first instance,

THE COURT (Ninth Chamber),

composed of E. Juhász, President of the Chamber, K. Jürimäe (Rapporteur) and C. Lycourgos, Judges,

Advocate General: E. Tanchev,

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, Wolf Oil Corp. seeks to have set aside the judgment of the General Court of the European Union of 1 June 2016, Wolf Oil v EUIPO — SCT Lubricants (CHEMPIOIL) (T‑34/15, not published, ‘the judgment under appeal’, EU:T:2016:330), by which the General Court dismissed its action for annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 October 2014 (Case R 1596/2013-5) relating to opposition proceedings between Wolf Oil Corp. and SCT Lubricants UAB (‘the contested decision’).

Legal context

2. Article 8 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 ...