Judgment of the General Court (Fifth Chamber) of 29 October 2009. – Peek & Cloppenburg v European Union Intellectual Property Office.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2);

2. Orders OHIM to pay the costs incurred by Peek & Cloppenburg;

3. Orders Redfil, SL to bear its own costs.