This opposition appeal contains an
interesting passage on the party status of the opponents.
[2] An appeal was filed by the joint opponents
DF3 SAS and Cosucra Groupe Warcoing. The respondent requested that a decision
on the party status of DF3 SAS be taken.
As is shown by D68, a copy of a judgement of
the Tribunal de Commerce d’Amiens, insolvency proceedings (procédure de Liquidation Judiciare [sic] Normale)
were opened against DF3 SAS. According to D68, these proceedings have been
pending until 25 October 2013, ie until after the oral proceedings before the
present board and until after the decision announced therein.
An action taken against the
property of an opponent, here une procédure
de Liquidation Judiciare [re-sic] Normale under
French law against DF3 SAS, does not take away the opponent’s party status (T 696/02 [7.2]) and does not entail an interruption of the proceedings, R 142 covering
applicants or patent proprietors only.
Therefore DF3 SAS could validly claim the
status of an appellant until the announcement of the present decision.
I have presented another decision dealing
with insolvency some years ago (here).
Should you wish to download the
whole decision, just click here.
The file wrapper can be found here.
0 comments:
Post a Comment