CJEU Case C-702/18 P / Judgment

Przedsiębiorstwo Produkcyjno-Handlowe „Primart” Marek Łukasiewicz v European Union Intellectual Property Office

Deciding body type

Court of Justice of the European Union

Deciding body

Court (Seventh Chamber)

Decision date

18/06/2020

ECLI (European case law identifier)

ECLI:EU:C:2020:489

CJEU Case C-702/18 P / Judgment
Key facts of the case:

Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national trade mark PRIMA — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Article 76(1) — Scope of review by the General Court of the European Union.

Outcome of the case:

On those grounds, the Court (Seventh Chamber) hereby:

Sets aside the judgment of the General Court of the European Union of 12 September 2018, Primart v EUIPO — Bolton Cile España (PRIMART Marek Łukasiewicz) (T‑584/17, not published, EU:T:2018:530);

Refers the case back to the General Court of the European Union;

Reserves the costs.
Paragraphs referring to EU Charter (original language)

46) However, as the Advocate General observed in point 71 of his Opinion, the appellant had to be in a position to criticise those findings of the Board of Appeal before the General Court, as, under Article 263 TFEU, when read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, an applicant must be able to contest before the EU Courts each and every issue of fact and law on which an EU body bases its decisions.

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