23In that regard, the first sentence of Article 59 of Regulation No 207/2009 states that ‘any party to proceedings adversely affected by a decision may appeal’. It follows from that provision that parties to proceedings before OHIM may appeal to the Board of Appeal against a decision taken by a lower department of OHIM only in so far as that decision has rejected their claims or applications. Inasmuch as the decision of the lower department of OHIM has, on the contrary, upheld the claims of a party, that party does not have standing to appeal to the Board of Appeal (see, to that effect, Case T-504/09 Völkl v OHIM - Marker Völkl (VÖLKL) [2011] ECR II-8179, paragraph 55 and the case-law cited).
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