25 November 2013(1)

(Rectification of a judgment)

In Case T-97/11 REC,

Rovi Pharmaceuticals GmbH, established in Schlüchtern (Germany), represented by M. Berghofer, lawyer,



Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carrillo, acting as Agent,


the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being

Laboratorios Farmacéuticos Rovi, SA, established in Madrid (Spain), represented by G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010‑2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH,

THE GENERAL COURT (Second Chamber),

composed of  M. E. Martins Ribeiro (Rapporteur), President, S. Gervasoni and L. Madise, Judges,

Registrar: E. Coulon,

makes the following


1        On 16 September 2013 the Court gave judgment in Case T-97/11.

2        By letter lodged at the Court Registry on 23 September 2013, the defendant requested that an error found in that judgment be corrected in application of Article 84 of the Rules of Procedure of the General Court.

3        In accordance with Article 84(1) of the Rules of Procedure, the other parties to the proceedings having been given an opportunity to lodge their written observations pursuant to Article 84(2) of those rules, it is necessary to rectify the clerical mistake found in paragraph 53 of the judgment.

On those grounds,

THE GENERAL COURT (Second Chamber)

hereby orders:

Paragraph 53 of the judgment should read:

“Those arguments are therefore admissible and their merits must be examined.”

instead of :

“Those arguments are therefore, contrary to what OHIM submits, admissible and their merits must be examined.”.

Luxembourg, 25 November 2013.

E. Coulon

       M. E. Martins Ribeiro