Judgment_paragraph 61 · Easy Sanitary Solutions BV and European Union Intellectual Property Office v Group Nivelles (C-361/15 P, C-405/15 P)

61In addition, as regards the argument relating to the infringement of Article 5 of Regulation No 6/2002, it should be added that, by requiring that, in order for a design to be considered to be new, ‘no identical design has been made available to the public’, that provision implies that the assessment of the novelty of a design must be conducted in relation to one or more specific, individualised, defined and identified designs from among all the designs which have been made available to the public previously (see, by analogy, regarding Article 6 of Regulation No 6/2002, judgment of 19 June 2014, Karen Millen Fashions, C‑345/13, EU:C:2014:2013, paragraph 25).