Judgment_paragraph 56 · CEDC International sp. z o.o. v European Union Intellectual Property Office (T-796/16)

56As regards the first and third pleas, alleging infringement of a number of procedural provisions, since the contested decision was adopted on 29 August 2016, the provisions of Regulation No 207/2009, where appropriate as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Regulation No 207/2009 and Regulation No 2868/95, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OJ 2015 L 341, p. 21), apply to them (see, to that effect, judgment of 31 October 2019, Repower v EUIPO, C‑281/18 P, EU:C:2019:916, paragraphs 2 and 3). More specifically, Article 4 of Regulation 2015/2424 provides that that regulation enters into force on 23 March 2016, but that certain provisions of Regulation No 207/2009, including Article 75, are to apply only from 1 October 2017. In the present case, in view of the date on which the decision in question was adopted, Article 75 of Regulation No 207/2009 in its original version continues to apply to that decision. However, in the absence of transitional provisions, Articles 65(6) and 76(1) of Regulation No 207/2009 apply to that decision as amended by Regulation 2015/2424. In short, applying the original or amended versions of the procedural provisions of Regulation No 207/2009 ratione temporis does not lead to a different result as regards the examination of the first and third pleas.…