Decision on the inherent distinctiveness of an application for a European Union trade mark

(Article 7 EUTMR)]

Alicante, 18/09/2019

STOBBS

Building 1000

Cambridge Research Park

Cambridge CB25 9PD

REINO UNIDO

Application No:	017953222
Your reference:	3423/10073/HSB/EA1
Trade mark:	JUST DELIVERY
Mark type:	Word mark
Applicant:	Just Eat Holding Limited Fleet Place House, 2 Fleet Place, Holborn Viaduct London EC4M 7RF REINO UNIDO

The Office raised an objection on 09/11/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations on 09/01/2019, which may be summarised as follows.

1. The word ‘Just’ is unusual in relation of the goods and services applied for. It is not descriptive of these goods and services.

2. The definition of ‘Delivery’ refers only to delivering ‘goods’, not services. This word does not describe a characteristic of the goods and services refused. The applicant provides an explanation of its position for a non-exhaustive list of goods and services.

3. The combination of the word is uncommon such that a consumer would be able to discern the direct meaning of the mark in relation to the goods and services.

4. The goods and services refused have not been assessed individually.

5. JUST DELIVERY provides instructions to a consumer, but is not the usual way to give such an order. If the term is to order the consumer to do something, it’s not clear what the order is. Therefore, the sign appears to be nonsensical or out of the place in relation to the goods and services to which is applied.

6. The office has already registered similar marks.

7. Even if the Office cannot agree with these arguments in respect of all the objected terms the applicant submits a list of goods and services that should not be subject to the objection.

8. The applicant owns a series of registered trademarks, beginning with the word ‘Just’. As a result, the consumer has been educated to see the ‘Just’ mark as a trademark of the applicant.

On 24/04/2019, the applicant has indicated that he made a subsidiary claim under Article 7.3.

Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The Office takes note of your request for an extension of time to submit further arguments in case the objection is maintained. Please note that, as indicated in the objection letter, pursuant to Article 42(2) EUTMR you were granted a period of two months of the notification of the objection letter to submit any observations. The Office considers that you had sufficient time to submit all the arguments/observations relevant for overcoming the objection and sees no grounds for granting any further extension.

After giving due consideration to the applicant’s arguments, the Office has decided to waive the objection for the following goods and services:

Class 09 Signalling, checking [supervision]; mechanisms for coin-operated apparatus; electronic payment machines; cash registers, calculating machines, data processing equipment, computers; interfaces for computers; inventory management software; financial management software; encoded gift cards; encoded loyalty cards; memory cards or chip cards intended to be purchased to be delivered as gifts to others and to allow them to make purchases in the credit limit or under the conditions stored in the cards; parts and fittings for the aforesaid goods; computer software for creating searchable databases of information and data; computer software relating to the handling of financial transactions.

Class 35 Business analysis, research and information services; business analysis, research and information services; business data analysis services; analysis of market research data and statistics; business consultancy services; systemization of information into computer databases; opinion polling; restaurant and take away restaurant opinion polling; industry statistics; restaurant and take away restaurant industry statistics; Internet advertising services; Internet advertising services for restaurants and take away restaurants; distribution of advertising material; consumer generated reviews for the purpose of consumer research; consumer generated reviews of restaurants and take away restaurants for the purposes of consumer research; providing consumer information, namely ratings and reviews of restaurants and take away restaurants, and compilations of ratings and reviews for restaurants and take away restaurants; market research services for restaurants and takeaway restaurants; promotional services; promotional services for restaurants and take away restaurants; the bringing together, for the benefit of others, of a variety of take-away restaurant and restaurant services, enabling customers to conveniently view and purchase those services online via an internet website or via a computer software application; marketing and promoting the goods and services of others by distributing coupons; marketing and promoting the goods and services of others by distributing coupons for restaurant and take-away restaurant meals; organisation, operation and supervision of consumer loyalty and incentive schemes; administration of programs to enable customers to obtain discounts on services provided by restaurants and take-away restaurants; customer services, namely responding to customer inquiries on behalf of others; information, advisory and consultancy services relating to the aforesaid.

The objection is maintained for the remaining goods and services.

General remarks on Article 7(1)(c) EUTMR

Under Article 7(1)(c) EUTMR, ‘trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service’ are not to be registered.

It is settled case-law that each of the grounds for refusal to register listed in Article 7(1) EUTMR is independent and requires separate examination. Moreover, it is appropriate to interpret those grounds for refusal in the light of the general interest underlying each of them. The general interest to be taken into consideration must reflect different considerations according to the ground for refusal in question (16/09/2004, C‑329/02 P, SAT/2, EU:C:2004:532, § 25).

By prohibiting the registration as European Union trade marks of the signs and indications to which it refers, Article 7(1)(c) EUTMR

pursues an aim which is in the public interest, namely that descriptive signs or indications relating to the characteristics of goods or services in respect of which registration is sought may be freely used by all. That provision accordingly prevents such signs and indications from being reserved to one undertaking alone because they have been registered as trade marks.

(23/10/2003, C‑191/01 P, Doublemint, EU:C:2003:579, § 31).

‘The signs and indications referred to in Article 7(1)(c) [EUTMR] are those which may serve in normal usage from the point of view of the target public to designate, either directly or by reference to one of their essential characteristics, the goods or service in respect of which registration is sought’ (26/11/2003, T‑222/02, Robotunits, EU:T:2003:315, § 34).

General remarks on Article 7(1)(b) EUTMR

Under Article 7(1)(b) EUTMR, ‘trade marks which are devoid of any distinctive character’ are not to be registered.

It is settled case-law that each of the grounds for refusal to register listed in Article 7(1) EUTMR is independent and requires separate examination. Moreover, it is appropriate to interpret those grounds for refusal in the light of the general interest underlying each of them. The general interest to be taken into consideration must reflect different considerations according to the ground for refusal in question (16/09/2004, C‑329/02 P, SAT/2, EU:C:2004:532, § 25).

The marks referred to in Article 7(1)(b) EUTMR are, in particular, those that do not enable the relevant public ‘to repeat the experience of a purchase, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition of the goods or services concerned’ (27/02/2002, T‑79/00, Lite, EU:T:2002:42, § 26). This is the case for, inter alia, signs commonly used in connection with the marketing of the goods or services concerned (15/09/2005, T‑320/03, Live richly, EU:T:2005:325, § 65).

Registration ‘of a trade mark which consists of signs or indications that are also used as advertising slogans, indications of quality or incitements to purchase the goods or services covered by that mark is not excluded as such by virtue of such use’ (04/10/2001, C‑517/99, Bravo, EU:C:2001:510, § 40). ‘Furthermore, it is not appropriate to apply to slogans criteria which are stricter than those applicable to other types of sign’ (11/12/2001, T‑138/00, Das Prinzip der Bequemlichkeit, EU:T:2001:286, § 44).

Although the criteria for assessing distinctiveness are the same for the various categories of marks, it may become apparent, in applying those criteria, that the relevant public’s perception is not necessarily the same for each of those categories and that, therefore, it may prove more difficult to establish distinctiveness for some categories of mark than for others (29/04/2004, C‑456/01 P & C‑457/01 P, Tabs, EU:C:2004:258, § 38).

Moreover, it is also settled case-law that the way in which the relevant public perceives a trade mark is influenced by its level of attention, which is likely to vary according to the category of goods or services in question (05/03/2003, T‑194/01, Soap device, EU:T:2003:53, §  42; and 03/12/2003, T‑305/02, Bottle, EU:T:2003:328, § 34).

A sign, such as a slogan, that fulfils functions other than that of a trade mark in the traditional sense of the term ‘is only distinctive for the purposes of Article 7(1)(b) EUTMR if it may be perceived immediately as an indication of the commercial origin of the goods or services in question, so as to enable the relevant public to distinguish, without any possibility of confusion, the goods or services of the owner of the mark from those of a different commercial origin’ (05/12/2002, T‑130/01, Real People, Real Solutions, EU:T:2002:301, § 20 ; and 03/07/2003, T‑122/01, Best Buy, EU:T:2003:183, § 21).

It is settled case-law that the distinctive character of a trade mark must be assessed, firstly, by reference to the goods or services in respect of which registration has been applied for and, secondly, by reference to the perception of them by the relevant public, which consists of average consumers of the goods or services in question who are reasonably well informed and reasonably observant and circumspect

(22/06/2006, C 24/05 P, Karamelbonbon, EU:C:2006:421, § 23)

Therefore, the correct sequence of examination is

- First, to determine the referent public,

- Second, to determine the meaning of the sign for this referent public.

- And then to determine for each of the claimed goods and services whether or not this meaning is relevant.

• Relevant public

Since the mark ‘Just Delvery’ consists of English words, the relevant public with reference to whom the absolute ground for refusal must be examined is the English-speaking consumer in the European Union (22/06/1999, C‑342/97, Lloyd Schuhfabrik, EU:C:1999:323, § 26; 27/11/2003, T‑348/02, ‘Quick’, EU:T:2003:318, § 30).

Consumers from Ireland, Malta, or the United Kingdom will understand the sign.

These words are basic words, so they will also be understood at least by consumers in Denmark, Finland, Netherlands and Sweden.

The goods or services are intended for both specialists and consumers in general, account should be taken of the perception of the average consumer, reasonably well-informed and reasonably observant and circumspect (14/06/2007, T207/06, Europig, EU:T:2007:179, §32).

• The meaning of the sign

The mark consists of the combination of two English words, the word ‘JUST’ followed by the word ‘DELIVERY’

Since the trade mark at issue is made up of several components (a compound mark), for the purposes of assessing its distinctive character it must be considered as a whole. However, this is not incompatible with an examination of each of the mark’s individual components in turn (19/09/2001, T-118/00, Tabs (3D), EU:T:2001:226, § 59).

The word ‘just’ are several meaning which depends on the context. In particular, it’s an adverb that means ‘Simply; only; no more than’. It is an everyday word and immediately understandable to the relevant public. Even if its use in connection with goods and services were to be considered unusual, ‘the distinctive character of a trade mark is determined on the basis of the fact that that mark can be immediately perceived by the relevant public as designating the commercial origin of the goods or services in question … The lack of prior use cannot automatically indicate such a perception.’ (15/09/2005, T‑320/03, Live richly, EU:T:2005:325, § 88).

The word ‘delivery’ is a noun which designates ‘The action of delivering letters, packages, or ordered goods’. This is not contested by the applicant. Even if this definition limits delivery to the delivery of goods only, this action constitutes a service (delivery service), and products and services may relate to the delivery of products and services, such as delivery tracking software or a catering service that offers meals by delivery.

The expression applied for is made up of ordinary words, immediately understandable to the relevant public. It is composed of a sequence of ordinary English words that are part of an everyday spoken language and it is not constructed in direct contradiction with the rules of English grammar. It is not an unusual grammatical combination in the English language.

Therefore, the sign ‘JUST DELIVERY’ has a clear meaning, resulting from the combination of words that can be found in dictionaries.

The relevant English-speaking consumer would understand the sign as having the following meaning: only or simply the act of bringing goods to someone.

Contrary to the applicant’s claim, this is not an order, but a simple affirmation: simply, only, no more than delivery of material or immaterial goods such as data.

• Descriptiveness

First, the applicant complains that the Office that the Office did not assess the goods and services individually.

It’s true that when refusing registration of a trade mark, the Office is required to state in its decision its conclusion for each of the individual goods and services specified in the application for registration.

However, where the same ground of refusal is given for a category or group of goods or services, the competent authority may use only general reasoning for all of the goods or services concerned.

(15/02/2007, C-239/05, The Kitchen Company, EU:C:2007:99, § 38).

In this respect, the Office's objection clearly justified its decision with regard to several general categories of goods and services.

In this case, the goods and services may be grouped as indicated by the Office in its notification:

The following goods can be intended for ordering, organizing and following delivery.

Class 9: Computer software; computer operating programs, recorded; computer programs [downloadable software]; computer programs, recorded; computer software applications, downloadable; computer software platforms, recorded or downloadable; computer software applications; software applications for mobile and hand-held electronic devices; software applications for smart televisions; order tracking software; order management software; business management software; customer relationship management software; Electronic Point of Sale (EPOS) systems; Electronic Point of Sale (EPOS) systems comprising computer hardware and software, telecommunications apparatus and instruments; downloadable computer software to allow users to perform electronic business transactions via a global computer network; downloadable computer software to allow users to receive and process orders via a global computer network; application software; software applications; mobile application software; downloadable application software; downloadable smart phone application software; downloadable mobile applications for the management and transmission of data and information; downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of restaurant and take-away restaurants meals online; computer software applications relating to the sale, order and delivery of customer orders; computer software applications relating to the sale, order and delivery of restaurant and take-away restaurant meals; computer software for use in navigation for and location identification of a delivery vehicle; electronic publications, downloadable; mobile apps; computer software for business purposes; downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of, restaurant and take-away restaurants meals online.

Therefore, the sign describes the intended purpose (deliver some things), and the quality (and only that) of these goods.

The services in class 39 can only offer delivery services, and related services (Transport; packaging and storage of goods; travel arrangement; delivery services; food delivery services; arranging the delivery of takeaway restaurant and restaurant meals, and for other goods, online, including via a website or software application; information and advisory services relating to the aforesaid).

Therefore, the sign describes the kind (deliver some things), and the quality (and only that) of these services.

The following goods and services in Class 35 may only concern delivery services and services rendered by delivery services and services rendered by delivery:

Class 9: Electronic publications relating to food and drink, including restaurants and takeaway restaurants; electronic publications relating to the sale, order and delivery of goods including restaurant and takeaway restaurant meals; electronic publications relating to Electronic Point of Sale (EPOS) systems, order management, order tracking and order delivery systems and software.

For example, Publications and information may only concern services that are rendered by a delivery, for example a publication concerning only restaurants offering their dishes for delivery.

Therefore, the sign describes the subject matter of these goods and services.

Finally, the services in class 43 can be proposed only by delivery. In this case, the meal and drink that they propose will be delivering to the client at his address.

Therefore, the sign describes the intended purpose (deliver food and drinks), and the quality (and only that) of these services.

The applicant contests in particular the link with certain refused goods and services.

For the following goods and services : ‘Electronic Payment Machines; Business Consultancy; Business Analysis; Advertising; Promotional services; Gift cards’, the Office waives the objection.

Concerning the ‘computer software’, it can be software that allows to order, organize and track a delivery.

In particular, the following software for which the protection of the mark is sought, ‘downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of restaurant and take-away restaurants meals online; computer software applications relating to the sale, order and delivery of customer orders; computer software applications relating to the sale, order and delivery of restaurant and take-away restaurant meals; computer software for use in navigation for and location identification of a delivery vehicle’ are clearly dedicated only to delivery.

As this regards, an objection applies not only to those goods and services for which the terms making up the trade mark applied for are directly descriptive, but also to the broad category that (at least potentially) contains an identifiable subcategory or specific goods and services for which the mark applied for is directly descriptive. In the absence of a suitable restriction by the applicant, the descriptiveness objection necessarily affects the broad category as such.

Therefore, all the category of software must be refused.

Concerning the service of on-line marketplace, it may also only concern service providers who offer their products and services for delivery. At the sight of the mark, the consumer will know that he will find products that he can have delivered. For example, a marketplace that only offers catering services that propose to deliver their food preparation.

Therefore, the relevant consumer will establish a direct, concrete, clear and unambiguous link between the sign and the above-mentioned goods and services.

Consequently, the Office maintains that the sign describes the kind, quality, intended purpose, and subject matter of the goods and services in question.

• Lack of distinctiveness

According to the case-law of the European Courts, a word mark that is descriptive of characteristics of goods or services for the purposes of Article 7(1)(c) EUTMR is, on that account, necessarily devoid of any distinctive character with regard to the same goods or services for the purposes of Article 7(1)(b) EUTMR (12/06/2007, T 190/05, Twist & Pour, EU:T:2007:171, § 39).

The relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the information on the intended purpose and quality of the goods and services in question.

Independently of the descriptive character, the sign will be perceived solely as a clear message highlighting the positive aspects of the goods and services, namely that they are provided by a company that is specialised in delivery services and focuses solely on this activity

The Office can acknowledge that an advertising slogan which, in addition to its purely promotional function, is perceived as an indication of origin can possess the distinctive character required for registration, in particular if the advertising slogan has several meanings, constitutes a play on words, or is perceived as imaginative, surprising and unexpected (21/01/2010, C-398/08 P, Vorsprung durch Technik, EU:C:2010:29, § 47).

However the sign at issue possesses no characteristics that would lead it to be perceived as having several meanings, as constituting a play on words, or as being perceived as imaginative, surprising or unexpected. The contested sign is understandable in relation to the goods and services; nothing is missing in the message as the applicant submits. Thus, the mark, taken as a whole, is not vague but conveys a clear laudatory meaning for the relevant public.

The Office considers that there is nothing about the mark as a whole that might, beyond its obvious laudatory meaning, enable the relevant English-speaking public to memorise the sign easily and instantly as a distinctive trade mark for the goods and services in question, irrespective of whether it concerns the public at large or professionals (21/01/2010, C-398/08 P, Vorsprung durch Technik, EU:C:2010:29, § 46; see, by analogy, 09/10/2012, R 2276/211-2, FEEL THE DIFFERENCE, § 20).

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods and services to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

For these reasons, the applicant's proposal to limit the scope of the objection cannot be accepted in its entirety. Nevertheless, the Office waives the objection for the above mentioned goods and services.

• Previous decision

As regards the applicant’s argument that a number of similar registrations have been accepted by the EUIPO, according to settled case law, ‘decisions concerning registration of a sign as a European Union trade mark … are adopted in the exercise of circumscribed powers and are not a matter of discretion’. Accordingly, the registrability of a sign as a European Union trade mark must be assessed solely on the basis of the EUTMR, as interpreted by the Union judicature, and not on the basis of previous Office practice (15/09/2005, C 37/03 P, BioID, EU:C:2005:547, §47; and 09/10/2002, T 36/01, Glass Pattern, EU:T:2002:245, § 35).

It is also well established that the descriptiveness and distinctiveness of a mark, as required by Article 7(1)(c) and (b) EUTMR must be assessed in the light of the circumstances of each case.

With regard to the examples provided by the applicant, the composition of the EUTM No 157039903 ‘JUST SING’ and EUTM No14370555 ‘JUST EAT’ is different from the sign ‘JUST DELIVERY’. They are composed of the verbs ‘SING’ and ‘EAT’ which do not directly describe a characteristic of the goods and services. They would be perceived as an order or invitation to sing or to eat. On the contrary, the applicant's sign is composed of a name that designates a service and may be a characteristic of the refused goods and services. It would be perceived not as an order or invitation but as a description of the characteristics of the goods and services. Therefore, these marks are not similar.

The EUTM No814725 ‘JUST ENERGY’ was partially refused for energy-related services. Moreover, the EUTM No 15200595 ‘JUST ENERGY’ was also partially refused for energy-related services. The refusal was confirmed by the Board of appeal of the Office (25/05/2017, R 2434/2016-2, JUST ENERGY). These decisions reinforce the position of the Office.

Furthermore, even if the marks referred to by the applicant were identical to the mark applied for, the principle of legality of administration requires that the necessary decision be made if the legal requirements in respect thereof have been met, irrespective of whether different decisions should have been made in previous cases (27/02/2002, T‑106/00, STREAMSERVE, EU:T:2002:43, §67).

Therefore, none of these marks convince the Office.

• Use of the marks « just ; just Eat »

The applicant claims that he is the owner and uses a series of trademarks starting with the word "JUST". As a result, the consumer would have been educated to consider the "JUST" mark as a trademark of the applicant.

The Office cannot take into account the use of the sign by the applicant to assess the inherent distinctiveness of the application for a European Union trade mark. This argument will be examined in the context of the examination of the acquisition of the distinctive character of the sign through use.

For the abovementioned reasons, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 953 222 is declared to be descriptive and non-distinctive in Denmark, Finland, Ireland, Malta, Netherlands and Sweden and the United Kingdom for the following goods and services:

Class 09 Computer software; computer operating programs, recorded; computer programs [downloadable software]; computer programs, recorded; computer software applications, downloadable; computer software platforms, recorded or downloadable; computer software applications; software applications for mobile and hand-held electronic devices; software applications for smart televisions; order tracking software; order management software; business management software; customer relationship management software; Electronic Point of Sale (EPOS) systems; Electronic Point of Sale (EPOS) systems comprising computer hardware and software, telecommunications apparatus and instruments; downloadable computer software to allow users to perform electronic business transactions via a global computer network; downloadable computer software to allow users to receive and process orders via a global computer network; application software; software applications; mobile application software; downloadable application software; downloadable smart phone application software; downloadable mobile applications for the management and transmission of data and information; downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of restaurant and take-away restaurants meals online; computer software applications relating to the sale, order and delivery of customer orders; computer software applications relating to the sale, order and delivery of restaurant and take-away restaurant meals; computer software for use in navigation for and location identification of a delivery vehicle; electronic publications, downloadable; electronic publications relating to food and drink, including restaurants and takeaway restaurants; electronic publications relating to the sale, order and delivery of goods including restaurant and takeaway restaurant meals; electronic publications relating to Electronic Point of Sale (EPOS) systems, order management, order tracking and order delivery systems and software; mobile apps; computer software for business purposes; downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of, restaurant and take-away restaurants meals online.

Class 35 Provision of an on-line marketplace for buyers and sellers of goods and services; on-line ordering services in the field of restaurant take-out and delivery; provision of business and commercial information in the field of food and drink, including restaurants and take-away restaurants; listing restaurant and take away restaurant particulars and menus on the Internet (business and commercial information); directory and search services (business and commercial information); restaurant and take away restaurant directory and search services (business and commercial information); procurement services; order procurement services; order procurement services for restaurants and take away restaurants; computerized online ordering services; ordering services for third parties; provision of an on-line marketplace for buyers and sellers of food and drink; online retail services relating to the sale of food and drink; information, advisory and consultancy services relating to the aforesaid.

Class 39 Transport; packaging and storage of goods; travel arrangement; delivery services; food delivery services; arranging the delivery of takeaway restaurant and restaurant meals, and for other goods, online, including via a website or software application; information and advisory services relating to the aforesaid.

Class 43 Services for providing food and drink; bar services; café services; canteen services; food and drink catering; fast food restaurants; takeaway food services; providing food and drink; providing reviews of restaurants and bars; reservation and booking services for restaurants and meals; services for providing food and drink enabling customers to place orders for food and drink online; operation of a website for the ordering of takeaway restaurant and restaurant meals; ordering and booking services for restaurants and takeaway restaurants; restaurant and take away restaurant services; provision of information relating to food and drink online; provision of information relating to restaurants and take away restaurants online; restaurant, cafe, bar services; catering services; contract food services; serving food and drink; preparation of food and drink; restaurant services for the provision of fast food; corporate hospitality services relating to food and drink; providing food and drink via mobile transportation, mobile vans, mobile trucks, mobile vehicles; food truck services; personal chef services; information, advisory and consultancy services relating to the aforesaid; ordering of takeaway restaurant and restaurant meals arranged online, including via a website or software application.

According to Article 66(2) EUTMR, you have a right to appeal against this decision which does not terminate the examination proceedings. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.

Once this decision has become final, the proceedings will be resumed for the examination of the subsidiary claim based upon Article 7(3) EUTMR and Article 2(2) EUTMIR.

Brice LAUGIER