ECJ: Board of Appeal has discretion to consider late-filed evidence

In Rintisch v Office forHarmonisation in the InternalMarket (OHIM) (Cases C-120/12P, C-121/12 P and C-122/12 P), theEuropean Court of Justice hasheld that the Board of Appeal ofthe Office for Harmonisation inthe Internal Market (OHIM) hadcorrectly dismissed oppositionsfiled by Bernhard Rintisch, eventhough the board had erred inassuming that it had no discretionto take into account additionalevidence filed after the expiry ofthe deadline set by OHIM.