115It follows that, contrary to the appellant’s claims, the distinction correctly established by the General Court between the infringement of Article 4(1) of Regulation No 139/2004, which is an instantaneous infringement, and the infringement of Article 7(1) of that regulation, which is a continuous infringement, is relevant to the assessment of whether one of those two infringements must be classified as ‘more specific’ and, consequently, whether one is capable of subsuming the other.
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