Order of the Court (Seventh Chamber) of 20 June 2019 — FCA US v EUIPO
(Case C‑795/18 P)
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Partial declaration of invalidity — Word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark)
1. EU trade mark — Decisions of the Office — Observance of the rights of the defence — Scope of the principle — Annulment — Condition
(Council Regulation No 207/2009)
(see para. 5)
2. Appeal — Grounds — Challenge to the contested decision before the General Court and not the judgment it delivered — Inadmissibility
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 5)
3. Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Manifest inadmissibility
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))
(see para. 5)
4. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 5)
Operative part
1. | | The appeal is dismissed as, in part, manifestly inadmissible and, in part, manifestly unfounded. |
2. | | FCA US LLC shall bear its own costs. |