57To the extent that, by the judgment under appeal, the General Court found that the Boards of Appeal of OHIM are required to apply the OHIM Guidelines, it is settled case-law, as OHIM argues, that the decisions concerning registration of a sign as a Community trade mark which those Boards of Appeal are called on to take under Regulation No 40/94 are adopted in the exercise of circumscribed powers and are not a matter of discretion and, accordingly, the legality of those decisions must be assessed solely on the basis of that regulation, as interpreted by the Courts of the European Union (see, to that effect, Case C-37/03 P BioID v OHIM [2005] ECR I-7975, paragraph 47; Case C-173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I-551, paragraph 48; and Joined Cases C-202/08 P and C-208/08 P American Clothing Associates v OHIM and OHIM v American Clothing Associates [2009] ECR I-6933, paragraph 57).
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