dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-36/09)

Judgment of 9 Sept 2011

law://eu/cjeu/2009/t-36-09/para_86@2026-11-13

86Those precedents show that irregularities of such a kind as to lead the Courts of the European Union to regard a measure as legally non-existent differ from the illegalities which, in principle, lead to the annulment of measures whose legality is reviewed, as provided for under the Treaty — not on account of their nature, but on account of their gravity and their blatancy. Where measures are tainted by irregularities of such obvious gravity that it affects the conditions essential to their adoption and existence, those measures must be held to be legally non-existent (see, to that effect, Commission v BASF and Others, paragraph 83 above, paragraphs 51 and 52).

dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-36/09)

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