Judgment_paragraph 52 · Holzer y Cia, SA de CV v European Union Intellectual Property Office (T-3/18, T-4/18)

52However, it is apparent from the grounds set out in the judgment of 11 June 2009, Chocoladefabriken Lindt & Sprüngli (C‑529/07, EU:C:2009:361), that the three circumstances listed in paragraph 51 above are only examples drawn from a number of factors which can be taken into account in order for it to be possible to rule on whether the applicant was acting in bad faith at the time when the application was filed (judgment of 14 February 2012, Peeters Landbouwmachines v OHIM — Fors MW (BIGAB), T‑33/11, EU:T:2012:77, paragraph 20). In that judgment, the Court confined itself to answering the questions of the national court which related, in essence, to the question whether such circumstances were relevant (see, to that effect, judgment of 11 June 2009, Chocoladefabriken Lindt & Sprüngli, C‑529/07, EU:C:2009:361, paragraphs 22 and 38). Thus, the fact that any one of those circumstances is not present does not necessarily preclude, depending on the circumstances of the case, a declaration that the applicant acted in bad faith (see, to that effect, judgment of 7 July 2016, LUCEO, T‑82/14, EU:T:2016:396, paragraph 147).