… Law
13 The applicant raises three pleas in law, alleging, first, infringement of the right to be heard and of the right to have one’s case handled
impartially
within the meaning of
Article
41 of the
Charter
of Fundamental Rights of the European Union (‘the
Charter
’), secondly, infringement of
Article
27(2) of Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation 2017/1001, and repealing Delegated Regulation (EU) 2017/1430 (OJ 2018 L 104, p. 1), and, thirdly, infringement …
… It failed to comply with
Article
27(2) of Delegated Regulation 2018/625 in so far as it did not provide the reasons why it based its decision on facts other than those submitted by the parties.
21 EUIPO and the intervener dispute those arguments.
22 It follows from
Article
41(1) of the
Charter
that ‘every person has the right to have his or her affairs handled
impartially
, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’.
23 In that regard, the need …
… The Board of Appeal thus infringed
Article
41(1) of the
Charter
. The Board of Appeal should have confined itself to interpreting the lists of goods and services at issue according to a literal interpretation under
Article
33(5) of Regulation 2017/1001 instead of distorting the literal meaning of the goods covered by the earlier mark. …