20.3.2017

Official Journal of the European Union

C 86/5

Appeal brought on 7 November 2016 by European Union Intellectual Property Office against the judgment of the General Court (Seventh Chamber) delivered on 9 September 2016 in Case T-159/15: Puma SE v European Union Intellectual Property Office

(Case C-564/16 P)

(2017/C 086/07)

Language of the case: English

Parties

Appellant: European Union Intellectual Property Office (represented by: D. Hanf, D. Botis, Agents)

Other party to the proceedings: Puma SE

Form of order sought

The appellant claims that the Court should:

—

Set aside the Judgment under appeal in its entirety,

—

Order Puma SE to bear the costs incurred by the Office.

Pleas in law and main arguments

First, the General Court disregarded the Office’s procedural position and obligations in inter partes proceedings before the Office, infringing Article 76(1) of Regulation 207/2009 (1) and the principle of sound administration, in that it found that Puma ‘duly relied on’ the three previous Office decisions for the purposes complying with its duty to show the reputation of the Puma marks (Rule 19(2)(c) of Regulation No 2868/95 (2)). In doing so, the General Court accepted that t