- Court of Justice rules on calculation of appeal time limits (The Green Effort v EUIPO)
- Practical implications
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Justice has established the correct approach to calculating the time limit for bringing an action against a decision of the EUIPO Board of Appeal. After interpreting relevant authorities, the court confirmed that ‘notification’ of a decision (ie the starting point for calculating the appeal deadline) will be deemed to have taken place on the fifth calendar day following the day on which EUIPO placed the document containing that decision in the user’s inbox, unless the actual date of notification could be accurately established as a different date within that period of time. In the circumstances, it agreed with the General Court’s finding that the appellant’s action had been brought out of time.
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