La revocabilità delle decisioni delle Commissioni di ricorso dell’EUIPO (tra continuità funzionale e funzione giustiziale)

The Court clarifies the concept of ‘obvious procedural error’ for the purposes of the European Union trade mark regulation which should lead EUIPO to revoke its own decision. The EUIPO’s Board of Appeal’s decisions in inter partes proceedings are revocable under art. 80, para.1 of Regulation n.207/2009, in case of a clear procedural mistake committed by the above Boards of Appeal. Any infringement of the obligation to state reasons, such as a failure to state reasons or an inadequate statement of reasons, constitutes a procedural error for the purposes of art. 80 para. 1. The legal error of the Board does not invalidate the decision under appeal, if the decision’s is based on different legal principles.