Aurea Biolabs Pte Ltd v European Union Intellectual Property Office (T-724/18, T-184/19)

Judgment of 28 May 2020

law://eu/cjeu/2018/t-724-18/para_19@2026-11-13

19The provision applicable to the correction of a decision is the provision in force on the date on which the correcting decision is adopted (see, to that effect, as regards a revocation decision, judgment of 21 February 2018, Repower v EUIPO — repowermap.org (REPOWER), T‑727/16, EU:T:2018:88, paragraphs 19 to 29; see also, by analogy, as regards the rectification provided for in the Rules of Procedure of the Court, order of 21 July 2015, Tomana and Others v Council and Commission, T‑190/12 ECR, not published, EU:T:2015:572, paragraphs 3 and 4), namely in the present case Article 102 of Regulation 2017/1001 in force on 29 January 2019, the date of adoption of the correcting decision. It follows from settled case-law that the provision which forms the legal basis of an act and empowers a Union institution to adopt the act in question must be in force at the time when the act is adopted and that procedural rules are generally held to apply from the time of their entry into force (see judgment of 29 Mark 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 88 and the case-law cited).

Aurea Biolabs Pte Ltd v European Union Intellectual Property Office (T-724/18, T-184/19)

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