Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national trade mark PRIMA — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Article 76(1) — Scope of review by the General Court of the European Union.
Outcome of the case:
On those grounds, the Court (Seventh Chamber) hereby:
46) However, as the Advocate General observed in point 71 of his Opinion, the appellant had to be in a position to criticise those findings of the Board of Appeal before the General Court, as, under Article 263 TFEU, when read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, an applicant must be able to contest before the EU Courts each and every issue of fact and law on which an EU body bases its decisions.