Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... t – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system – Article 8(1) to (3) of Regulation No 6/2002)

In Case T‑537/22,

Delta Sport Handelskontor GmbH, established in Hamburg (Germany), represented by C. Klawitter and L.-E. Appel, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

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

Lego A/S, established in Billund (Denmark), represented by V. von Bomhard and J. Fuhrmann, lawyers,

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, P. Škvařilová-Pelzl and I. Nõmm (Rapporteur), Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 11 October 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Delta Sport Handelskontor GmbH, seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 May 2022 (Case R 1524/2021-3) (‘the contested decision’).

Background to the dispute

2. On 8 December 2016, ...