Action brought on 29 December 2014 — Antrax It v OHIM — Vasco Group (Radiators for heating)

(Case T-828/14)

Language in which the application was lodged: Italian

Parties

Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Vasco Group BVBA (Dilsen, Belgium)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The applicant

Design at issue: Community design for ‘Radiators for heating’ products — Community design No 593959-0001

Contested decision: Decision of the Third Board of Appeal of OHIM of 10 October 2014 in Case R 1272/2013-3

Forms of order sought

The applicant claims that the Court should:

Join the present case to the action brought by the applicant against the decision in Case R 1273/2013-3 of OHIM, since that decision is identical to that contested in the present action;

Annul the contested decision in so far as Community design No 593959-0001 was declared invalid because it lacked individual character and, consequently, declare valid that design without remitting the matter to OHIM for the third time;

Annul the contested decision of OHIM in so far as it ordered Antrax It Srl to pay the costs;

Order OHIM and Vasco Group BVBA, jointly and severally, to pay Antrax It Srl, costs, compensation and legal fees, together with any additional sums required by law;

Order Vasco Group BVBA to pay Antrax It Srl the costs, compensation including technical compensation and legal fees incurred by the latter in the proceedings before OHIM together with any additional sums required by law;

Declare Article 1(d) of Regulation No 216/96 to be incompatible with Article 41 of the Charter of Fundamental Rights of the European Union

Pleas in law and main arguments

Breach of Article 41(1) of the Charter of Fundamental Rights of the European Union;

Breach of Articles 6, 61, 62 and 63 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.