39In that respect, the first plea in law can only result in the contested decision being annulled and the case being referred back to the Board of Appeal. This is because, in its consideration of this plea, the General Court is not ruling on the likelihood of confusion between the conflicting marks. Furthermore, it should be recalled that the General Court’s jurisdiction to amend decisions, conferred by Article 65(3) of Regulation No 207/2009, does not enable the General Court to review a question on which the Board of Appeal has not yet ruled. Exercise of the power to amend decisions must therefore, in principle, be limited to situations in which the General Court, after reviewing the assessment made by the Board of Appeal, is in a position to determine, on the basis of the matters of fact and of law as established, what decision the Board of Appeal was required to take (Case C-263/09 P Edwin v OHIM [2011] ECR I-5853, paragraph 72). Therefore, in the present case, the General Court cannot carry out any assessment of genuine use of the earlier mark, since the Board of Appeal did not rule on that point.
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