Conclusions
Conclusion
Cozy Pet’s appeal in relation to the cat scratcher and cat tree products is dismissed.
Cozy Pet’s appeal in relation to the pet playpen and heavy duty panel products is allowed.
JUDGE SWAMI RAGHAVAN
JUDGE NICHOLAS ALEKSANDER
Release date: 08 April 2024
- Heading
- Introduction
- Background facts
- background law and FTT decision
- Classification Regulations
- Classification Regulation 350/2014
- Classification Regulation 1229/2013
- CJEU case-law
- The FTT’s analysis
- Grounds of appeal
- Reasoning by analogy
- Factual differences and FTT’s fact-finding
- BR Pet BV’s treatment of classification regulations
- Set-aside FTT decision for error in regarding products as the same?
- Remaining Grounds of Appeal 2-7
- Pet Playpen panels and Heavy duty panels
- The FTT’s analysis
- Grounds of appeal and parties’ submissions
- Discussion
- Remaking Decision in relation to playpens in UT
- Cozy Pet’s application to make post-hearing submissions
- Conclusions
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