Judgment_paragraph 41 · Alcon Inc. v European Union Intellectual Property Office (C-412/05 P)

41However, the error in law vitiating paragraphs 17 to 22 of the judgment under appeal is not such as to invalidate that judgment and, therefore, the arguments put forward by the applicant on this issue must be set aside as inoperative. The Court of First Instances rejection of the line of argument relating to the conditions required for the earlier mark to be regarded as having been put to genuine use has adequate legal basis in other grounds set out in that judgment (see, to that effect, Case C-496/99 P Commission v CAS Succhi di Frutta [2004] ECR I-3801, paragraph 68, and Case C-447/02 P KWS Saat v OHIM [2004] ECR I-10107, paragraphs 46 to 51).