The Vogue Case

Fabio Angelini

The CFI in Vogue, T-481/04 of Oct. 4, 2007, has, as far as I’m aware, for the first time, applied the principles of Arcol/Carpol (Case C-29/05 P OHIM v Kaul) and confirmed that the Board of Appeal has the discretion under Article 74(2) of the CTM Regulation to take into account facts that were not pleaded or evidence that was not submitted in due time by the parties, when making the decision which it is called upon to give. Therefore if instead of exercising the discretion which it thus has, the Board of Appeal simply refuses to take account the new facts and evidence, the decision is vitiated per se and must be annulled. Not very exciting, but a good application of the case law.