16.3.2015
EN
Official Journal of the European Union
C 89/32
Action brought on 9 January 2015 — Ball Europe v OHIM — Crown Hellas Can
(Case T-9/15)
(2015/C 089/39)
Language in which the application was lodged: German
Parties
Applicant: Ball Europe GmbH (Zürich, Switzerland) (represented by: A. Renck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Crown Hellas Can SA (Athens, Greece)
Details of the proceedings before OHIM
Proprietor of the design at issue: the applicant
Design at issue: Community design No 230 990-0006
Contested decision: Decision of the Third Board of Appeal of OHIM of 8 September 2014 in Case R 1408/2012-3
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
order the defendant and — in the event of a formal intervention — also the other party to the proceedings before the Board of Appeal to pay the costs, including the costs incurred by the applicant.
Pleas in law
—
Infringement of Article 25(1)(b) in conjunction with Article 6 of Regulation No 6/2002;
—
Infringement of Article 62 of Regulation No 6/2002.
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