European Food SA v European Union Intellectual Property Office (T-476/15)

Judgment of 28 Sept 2016

law://eu/cjeu/2015/t-476-15/para_19@2026-11-14

19As regards the authority to act, it must be pointed out that, first, Article 51(3) of the Rules of Procedure applicable in the present case, by contrast with Article 44(5)(b) of the Rules of Procedure of the General Court of 2 May 1991, no longer requires proof that the authority granted to the lawyer was conferred on him by someone authorised for the purpose. Second, contrary to what the intervener contends, the authority to act clearly designates by name as a lawyer the person who signed the application, namely I. Speciac. Third, as regards the fact that the applicant did not update the schedule of annexes in order to include the authority to act, suffice it to point out that a possible contravention of point 97 of the Practice Rules for the Implementation of the Rules of Procedure of the General Court of 20 May 2015 (OJ 2015 L 152, p. 1) does not render the action inadmissible. Fourth, contrary to what the intervener contends, the Rules of Procedure do not state that proof of the conferral of the authority to act on the lawyer who signs the application must be established before the lodging of the application. On the contrary, since that irregularity may be corrected under Article 51(4) of the Rules of Procedure, nothing precludes the document attesting to the existence of the authority to act being drawn up on a date subsequent to the lodging of the application (see, to that effect, judgment of 4 February 2015, KSR v OHIM — Lampenwelt (Moon), T‑374/13, not published, EU:T:2015:69, paragraphs 11 to 13).

European Food SA v European Union Intellectual Property Office (T-476/15)

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