Judgment_paragraph 19 · MFE Marienfelde GmbH v European Union Intellectual Property Office (T-334/01)

19In this case, the applicant seeks annulment both of the contested decision and the decision of the Opposition Division. The application, essentially, is that the Court of First Instance should take the decision which, according to the applicant, the Board of Appeal should legally have taken when hearing the appeal before OHIM. In that respect, the second sentence of Article 62(1) of Regulation No 40/94 shows that the Board of Appeal may annul the decision of the section of OHIM which ruled at first instance. Such annulment therefore falls within the measures which may be taken by the Court of First Instance in the exercise of its power to amend decisions, as provided for in Article 63(3) of Regulation No 40/94 (see, to that effect, in relation to an application that a case be referred back to the examiner, the judgment of the Court of First Instance in Case T-106/00 Streamserve v OHIM (STREAMSERVE) [2002] ECR II-723, confirmed by an order of the Court of Justice in Case C-150/02 P Streamserve v OHIM [2004] ECR I-1461, paragraph 19). It follows that the Court of First Instance has jurisdiction to hear the application for the annulment of the decision by the Opposition Division.