Дело C-822/18: Aldo Supermarkets/EUIPO, Определение от 4 юни 2019 г.

Текст

... Rejection of the opposition — Conditions of representation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95)

In Case C‑822/18 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 27 December 2018,

Aldo Supermarkets, established in Varna (Bulgaria), represented by M. Thewes, avocat,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

Aldi Einkauf GmbH & Co. OHG, established in Essen (Germany),

intervener at first instance,

THE COURT (Sixth Chamber),

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

Advocate General: P. Pikamäe,

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 Aldo Supermarkets seeks to have set aside the judgment of the General Court of the European Union of 25 October 2018, Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI) (T‑359/17, not published, ‘the judgment under appeal’, EU:T:2018:720), dismissing its action for annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 March 2017 (Case R 976/2016-4) relating to opposition proceedings between Aldo Supermarkets and Aldi Einkauf GmbH & Co. OHG.

2. In support of its appeal, the appellant relies on three grounds alleging misinterpretation of ...