Judgment_paragraph 33 · Bernhard Rintisch v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-122/12 P)

33The Implementing Regulation therefore expressly provides that the Board of Appeal enjoys, when examining an appeal directed against a decision of the Opposition Division, the discretion deriving from the third subparagraph of Rule 50(1) of the Implementing Regulation and from Article 74(2) of Regulation No 40/94 to decide whether or not to take into account additional or supplementary facts and evidence which were not presented within the time-limits set or specified by the Opposition Division.