The appeal shall be filed with the court which has passed the judgment of first instance in sufficient number of copies for the court and the opposing party.

A judgment shall become final after it can no longer be subject to attack by an appeal, insofar as it determines the claim raised in the action or the counterclaim.

In the case where only one party has announced the appeal, a judgment containing a statement of ground under the fourth paragraph of Article 324 of the present Act shall also be served on the opposing party.

No appeal shall be allowed against the decree granting to the motion to secure evidence and the decree on production of evidence prior to service of the decree on the opponent.

Thereafter, the attacked judgment or part thereof shall be read out, if necessary, together with the record on the main hearing before the court of first instance. Thereupon, the appellant shall substantiate the appeal and the opposing party shall reply to him.

The appeal shall contain the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is brought, the names of the respondents, the subject- matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based.

of the defendant in appeal proceedings:

The application initiating the proceedings and the defence may be supplemented by a reply from the applicant and by a rejoinder from the defendant.

It is necessary, in the light of experience, to clarify the wording of the provision relating to the lodging of a reply and a rejoinder in appeal proceedings,

A Community trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings:

where the Court of First Instance has decided that there is no need, in accordance with Article 47(1), to supplement the application and the defence by a reply and a rejoinder, or

Apart from the grounds for revocation provided for in Article 50, the rights of the proprietor of a Community collective mark shall be revoked on application to the Office or on the basis of a counterclaim in infringement proceedings, if:

If there is a dispute concerning the costs to be recovered, the Chamber to which the case has been assigned shall, on application by the party concerned and after hearing the opposite party and the Advocate-General, make an order, from which no appeal shall lie.

17 The appellate court, on the other hand, referring to the Court` s judgment in Case C 215/99 Jauch [2001] ECR I 1901, held that the allowance in question likewise constituted a sickness benefit within the meaning of Article 4(1)(a) of Regulation No 1408/71 and that that cash benefit had to be exported, like care allowance paid by Austria (`federal care allowance` ), in accordance with the principles applicable to federal care allowance.

Where the proceedings of the department of first instance whose decision is the subject of an appeal are vitiated by fundamental deficiencies, the Board shall set aside the decision and, unless there are reasons for not doing so, remit the case to that instance or decide the matter itself.