Judgment_paragraph 56 · La Baronia de Turis, Cooperativa Valenciana v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-323/03)

56Article 62(1) of Regulation No 40/94 provides that the Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution. It follows from that provision as well as the scheme of Regulation No 40/94 that the Board of Appeal has the same powers when ruling on an appeal as the department which was responsible for the contested decision, and that its examination covers the whole dispute as it stands at the date of its ruling.