Дело T-***/**: *****************, Определение от **.**.2023 г.

Текст

... MILEY, SMILEY TV and SMILEY – Cross-claim – No interest in bringing proceedings – Inadmissibility)

In Case T‑785/21,

SC Ha Ha Ha Production SRL, established in Cãlineşti (Romania), represented by O. Anghel, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

The Smiley Company SPRL, established in Brussels (Belgium), represented by B. Fontaine, lawyer,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, E. Buttigieg (Rapporteur) and G. Hesse, Judges,

Registrar: E. Coulon,

having regard to the written part of the procedure, inter alia:

– having regard to the cross-claim of the intervener lodged at the Court Registry on 31 March 2022,

– having regard to the plea of inadmissibility relating to the cross-claim, raised by EUIPO by document lodged at the Court Registry on 28 June 2022,

– having regard to the response of the applicant to the cross-claim, lodged at the Court Registry on 13 July 2022,

– having regard to the observations of the intervener on the plea of inadmissibility relating to the cross-claim, lodged at the Court Registry on 9 August 2022,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, SC Ha Ha Ha Production SRL, seeks, inter alia, the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 October 2021 ...