Дело T-***/**: *****************, Съдебно решение от **.**.2021 г.

Текст

... of Regulation (EU) 2017/1001) – Absolute ground for refusal – Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Audi alteram partem rule – Obligation to state reasons – Sound administration and equal treatment – Article 165(1) of Regulation 2017/1001)

In Case T‑215/20,

Fidia farmaceutici SpA, established in Abano Terme (Italy), represented by R. Kunz-Hallstein and H.P. Kunz-Hallstein, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Sliwinska, V. Ruzek and H. O’Neill, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Ioulia and Irene Tseti Pharmaceutical Laboratories SA, established in Athens (Greece), represented by C. Chrysanthis, P.-V. Chardalia and A. Vasilogamvrou, lawyers,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 24 January 2020 (Case R 613/2019-5), relating to invalidity proceedings between Ioulia and Irene Tseti Pharmaceutical Laboratories and Fidia farmaceutici,

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, D. Gratsias and M. Kancheva (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 21 April 2020,

having regard to the response of EUIPO lodged at the Court Registry on 6 July 2020,

having regard to the response of the intervener lodged at the Court Registry on 25 May 2020,

further to the hearing on 11 March 2021,

gives the following

Judgment

Background to the dispute

1. On 30 ...