Judgment_paragraph 39 · Brookfield New Zealand Ltd and Elaris SNC v Community Plant Variety Office (CPVO) and Schniga GmbH (C-534/10 P)

39The Court has repeatedly held, as regards Article 63 of Regulation No 40/94, which was framed in terms identical to those of Article 73 of Regulation No 2100/94, that the General Court is called upon to assess the legality of the decisions of the Boards of Appeal of OHIM by reviewing the way in which they have applied European Union law, specifically in the light of the factual evidence placed before those Boards. Accordingly, within the limits laid down in Article 63 of Regulation No 40/94, as interpreted by the Court of Justice, the General Court may carry out a full review of the legality of decisions of the Boards of Appeal of OHIM, if necessary examining whether the Board of Appeal concerned made a correct legal characterisation of the facts of the dispute or whether its appraisal of the facts placed before it was flawed (see, to that effect, Case C-16/06 P Les Éditions Albert René v OHIM [2008] ECR I-10053, paragraphs 38 and 39).

Brookfield New Zealand Ltd and Elaris SNC v Community Plant Variety Office (CPVO) and Schniga GmbH (C-534/10 P)

Key facts

History · 1 version

Connections