Article 41 - Right to good administration
Key facts of the case:#
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(f) — Absolute ground for refusal — Mark contrary to accepted principles of morality — Word sign ‘Fack Ju Göhte’ — Rejection of the application for registration.
Outcome of the case:
I suggest that the Court of Justice:
48) First, respect for fundamental rights constitutes a condition of the lawfulness of any EU measure. The scope of application of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the fundamental rights guaranteed therein extends to any activity or omission of EU institutions and bodies. ( 19 ) The same must naturally hold true in the field of trade marks for activities and omissions of EU bodies, such as EUIPO.
109) The Court further noted that ‘the right to sound administration, in accordance with Article 41(2) of the [Charter] … includes the obligation of the administration to give reasons for its decisions. That obligation … has the dual purpose of enabling interested parties to know the purported justification for the measure taken so as to be able to defend their rights and of enabling the Courts of the European Union to exercise their jurisdiction to review the legality of the decision in question’. ( 65 )