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CJEU - T 572/12 / Judgment

Nissan Jidosha KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Policy area
External trade
Deciding body type
Court of Justice of the European Union
Deciding body
Court of Justice of the European Union / Court (Third Chamber)
Decision date
04/03/2015
ECLI (European case law identifier)
ECLI:EU:T:2015:136

EU-stadgan om de grundläggande rättigheterna

Title II: Freedoms

Article 17 - Right to property

VIEW FULL CASE
  • CJEU - T 572/12 / Judgment

    Key facts of the case:

    (Community trade mark — Request for renewal of the Community figurative mark CVTC — Partial renewal — Article 47 of Regulation (EC) No 207/2009)

    Results (sanctions) and key consequences of the case:

    THE GENERAL COURT (Third Chamber) hereby:

    1. Dismisses the action;
    2. Orders Nissan Jidosha KK to pay the costs.
  • Paragraphs referring to EU Charter

     

    47. Secondly, as regards the argument relating to the alleged infringement of the right to property, enshrined in Article 17 of the Charter, it should be borne in mind that that right is not absolute (see, to that effect, judgment of 3 May 2006 in Eurohypo v OHIM (EUROHYPO), T‑439/04, ECR, EU:T:2006:119, paragraph 21) and may therefore be subject to restrictions, provided, in particular, that such restrictions are proportionate to the objective pursued, in accordance with Article 52(1) of the Charter. As it is, in the present case, it is sufficient to observe that the contested decision does not restrict the applicant’s exercise of its right to property, given that it was open to the applicant to make a valid request for renewal of the mark at issue, in respect of all the goods concerned, during the initial period or, failing that, during the grace period.