Judgment_paragraph 57 · Ball Beverage Packaging Europe Ltd v European Union Intellectual Property Office (T-9/15)

57Moreover, it should be noted that the refusal by the Board of Appeal to define the subject matter of the protection afforded by the contested design as a group of cans did not lead to an unlawful questioning of the validity of the contested design, as the applicant alleges. In paragraph 19 of the contested decision, the Board of Appeal, while considering that the contested design failed to satisfy the conditions set out in Article 3(a) of Regulation No 6/2002, in so far as it did not constitute a unitary object, correctly stated that, to the extent that the intervener had not put forward the ground for invalidity of Article 25(1)(a) of Regulation No 6/2002, that fact (namely, the failure to satisfy the conditions set out in Article 3(a) of Regulation No 6/2002) could not justify the invalidity of the contested design.