Judgment_paragraph 38 · European Union Intellectual Property Office (EUIPO) v Gilbert Szajner (C-598/14 P)

38Furthermore, in so far as the application of national law, in the procedural context in question, may have the effect of depriving the proprietor of an EU trade mark of his right, it is essential that the General Court is not deprived, notwithstanding possible lacunae in the documents submitted as evidence of the applicable national law, of the real possibility of carrying out an effective review. To that end, it must therefore be able to confirm, beyond the documents submitted, the content, the conditions of application and the scope of the rules of law relied upon by the applicant for a declaration of invalidity. Consequently, the judicial review conducted by the General Court must meet the requirements of the principle of effective judicial protection (judgment of 27 March 2014, OHIM v National Lottery Commission, C‑530/12 P, EU:C:2014:186, paragraph 44).