Judgment of the Court of Justice Grand Chamber, 22 December 2022, Ministre de la Transition écologique and Premier minister Liability of the State for air pollution, C-61/21
| Date | 22 December 2022 |
| Year | 2022 |
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appeal proceedings to submit observations in that regard. That error was corrected by Pierre Lang
Trading GmbH in its capacity as successor to the company which filed the notice of opposition.
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Hearing an action brought by Pierre Lannier, the Court dismisses that action and examines, for the
first time, the legal consequences of a failure to register the transfer of an EU trade mark in the EUIPO
Register for the new proprietor of the trade mark as regards that person’s ability to continue
opposition proceedings at the stage of the appeal before the Board of Appeal. In addition, the Court
assesses whether clerical errors in the name stated in the notice of appeal, on the one hand, and the
statement setting out the grounds of that appeal before the Board of Appeal, on the other, are
capable of being rectified.
Findings of the Court
First of all, the Court recalls that a notice of appeal must contain the name of the appellant before the
Board of Appeal.
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Where the notice of appeal does not comply with the requirements laid down,
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the Board of Appeal must reject the appeal as inadmissible, if, despite having been informed thereof,
the appellant has not remedied the deficiency within the prescribed time limit.
Next, the Court states that the incorrect identification of the appellant in the notic e of appeal filed is a
defect capable of being rectified.
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In the present case, Pierre Lang Trading GmbH has established that it was the proprietor of the earlier
mark at the time when the appeal was brought before the Board of Appeal. In addition, that company
corrected the notice of appeal within the prescribed period. Therefore, the Court finds that the
response given to EUIPO was satisfactory and that the notice of appeal was corrected.
Lastly, as regards the ability of Pierre Lang Trading GmbH to continue opposition proceedings at the
stage of the appeal before the Board of Appeal, the Court notes, first, that the observations submitted
by that company and the evidence produced in support thereof were sufficient to enable the Board of
Appeal to rule on the admissibility of the appeal. Secondly, Pierre Lang Trading GmbH, in its capacity
as successor to the company which filed that notice of opposition and as proprietor of the earlier
mark on the date on which the appeal was brought, was in fact the person harmed by the decision of
the Opposition Division and, consequently, was entitled to bring an appeal against that decision.
5. ENVIRONMENT: AIR QUALITY
Judgment of the Court of Justice (Grand Chamber), 22 December 2022, Ministre de la
Transition écologique and Premier minister (Liability of the State for air pollution), C-61/21
Link to the full text of the judgment
1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide
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In accordance with Article 21(1)(a) and Article 23(1)(c) of Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing
Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated
Regulation (EU) 2017/1430 (OJ 2018 L 104, p. 1).
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The name of that party must appear in the form prescribed in Article 2(1)(b) of Commission Implementing Regulation (EU) 2018/626 of
5 March 2018 laying down detailed rules for implementing certain provisions of Regulation (EU) 2017/1001 of the European Parliament and
of the Council on the European Union trade mark, and repealing Implementing Regulation (EU) 2017/1431 (OJ 2018 L 104, p. 37).
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Article 21(1)(a) of Delegated Regulation 2018/625.
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In accordance with Article 2(1)(b), Article 21(1)(a) and Article 23(1)(c) of Delegated Regulation 2018/625, as well as Article 68(1) of Regulation
(EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).
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