El Corte Ingles, SA v Office for Harmonisation in the Internal Market (Trade and Designs) (OHIM) and another T-571/11, [2013] All ER (D) 175 (Apr)
It was settled law that the purpose of an action before the General Court was to review the legality of the decisions of the Boards of Appeal of the Office of Harmonisation in the Internal Market (OHIM) within the meaning of Art 65 of the Council Regulation (EC) 207/2009 (on the Community trade mark). It followed from that provision that facts not submitted by the parties before the departments of OHIM could not be submitted at the stage of the action brought before the General Court and that the latter could not re-evaluate the factual circumstances in the light of evidence adduced for the first time before it. The legality of a decision of a Board of Appeal of OHIM should be assessed in the light of the information available to it when it had adopted that decision.
