18As regards, however, Annexes A.13 to A.16, it must be stated that, even if that evidence is submitted by the applicant for the first time before the Court, the Court is entitled to refer to it. It is clear from the case-law that neither the parties nor the Court itself can be precluded from drawing on national legislation, case-law or academic writing, where it is not alleged that the Board of Appeal failed to take the factual aspects of a specific national judgment into account, but rather reliance is placed on judgments or academic writing in support of a plea alleging that the Board of Appeal misapplied a provision of Regulation No 207/2009 (see, to that effect, judgment of 12 July 2006 in Vitakraft-Werke Wührmann v OHIM — Johnson’s Veterinary Products (VITACOAT), T‑277/04, ECR, EU:T:2006:202, paragraph 71). Furthermore, the evidence submitted in Annex A. 13 is not strictly evidence but relates to OHIM’s usual practice in reaching decisions to which a party has the right to refer (judgment in ARTHUR ET FELICIE, cited in paragraph 17 above, EU:T: 2005:420, paragraph 20).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.