Judgment_paragraph 42 · Alpirsbacher Klosterbräu Glauner GmbH & Co. KG v European Union Intellectual Property Office (T-844/16)

42In that regard, it must be pointed out that, according to settled case-law, the circumstances for refusing registration referred to in Article 7(1)(g) of Regulation No 207/2009 presuppose the existence of actual deceit or a sufficiently serious risk that the consumer will be deceived (see, to that effect, with respect to Article 3(1)(g) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), the wording of which is identical to that of Article 7(1)(g) of Regulation No 207/2009; judgments of 4 March 1999, Consorzio per la tutela del formaggio Gorgonzola, C‑87/97, EU:C:1999:115, paragraph 41; and of 30 March 2006, Emanuel, C‑259/04, EU:C:2006:215, paragraph 47; see also judgments of 8 June 2017, W. F. Gözze Frottierweberei and Gözze, C‑689/15, EU:C:2017:434, paragraph 54 and the case-law cited; and of 5 May 2011, SIMS — École de ski internationale v OHIM — SNMSF (esf école du ski français), T‑41/10, not published, EU:T:2011:200, paragraph 49 and the case-law cited).