32In that context, and contrary to the applicant’s assertions, the existence of functional continuity between ACER’s examining units and the Board of Appeal – allowing the latter to exercise the powers of those examining units – does not mean that the Court can annul the initial decision. The claim for annulment of the decision of the Agency must be construed as actually seeking to have the Court take the decision that the Board of Appeal should have taken when the appeal was brought before it. It must be borne in mind that although the Court may, in the exercise of its power to amend decisions, amend the decisions of boards of appeal (see, to that effect, judgments of 8 July 2004, MFE Marienfelde v OHIM ‐ Vétoquinol (HIPOVITON), T‑334/01, EU:T:2004:223, paragraph 19; of 12 September 2007, Koipe v OHIM – Aceites del Sur (La Española), T‑363/04, EU:T:2007:264, paragraphs 29 and 30; and of 11 February 2009, Bayern Innovativ v OHIM – Life Sciences Partners Perstock (LifeScience), T‑413/07, not published, paragraphs 15 and 16), the fact remains that it can do so only where such power is expressly conferred on it by the legislature. However, it must be stated that it is not apparent either from the provisions of Regulation No 713/2009 or from those of Regulation No 714/2009 that the legislature intended to give the Court such a power to alter decisions.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.