Official Journal of the European Union
Judgment of the General Court of 27 April 2022 — Group Nivelles v EUIPO — Easy Sanitary Solutions (Shower drainage channel)
(Case T-327/20) (1)
(Community design - Invalidity proceedings - Registered Community design representing a shower drainage channel - Earlier design produced after the filing of the application for a declaration of invalidity - Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 - Discretion of the Board of Appeal - Scope - Article 63(2) of Regulation (EC) No 6/2002 - Oral proceedings and measures of inquiry - Articles 64 and 65 of Regulation No 6/2002 - Ground for invalidity - Individual character - Article 6 and Article 25(1)(b) of Regulation No 6/2002 - Identification of the earlier design - Earlier whole design - Determination of the features of the contested design - Global comparison)
Language of the case: Dutch
Applicant: Group Nivelles NV (Gingelom, Belgium) (represented by: J. Jonkhout, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and G. Predonzani, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Easy Sanitary Solutions BV (Oldenzaal, Netherlands) (represented by: F. Eijsvogels, lawyer)
Action brought against the decision of the Third Board of Appeal of EUIPO of 17 March 2020 (Case R 2664/2017-3), relating to invalidity proceedings between Group Nivelles and Easy Sanitary Solutions.
Operative part of the judgment
Dismisses the action;
Orders Group Nivelles NV to pay the costs.
(1) OJ C 240, 20.7.2020.