Judgment_paragraph 51 · Der Grüne Punkt - Duales System Deutschland GmbH v European Union Intellectual Property Office (C-143/19 P)

51Although the findings of the General Court relating to the use of a mark are factual and may therefore not be challenged in an appeal, unless there has been a distortion of the facts, a ground of appeal alleging infringement of Article 15(1) of Regulation No 207/2009 is however admissible where it concerns criteria in respect of which the General Court must assess the existence of genuine use within the meaning of that provision (see, to that effect, judgment of 11 October 2017, EUIPO v Cactus, C‑501/15 P, EU:C:2017:750, paragraph 64). That is the case here, since the single ground of appeal concerns criteria in respect of which it is necessary to assess the existence of genuine use, within the meaning of that provision, of an EU collective mark, taking into account the characteristics of that type of mark.

Der Grüne Punkt - Duales System Deutschland GmbH v European Union Intellectual Property Office (C-143/19 P)

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