Order;Information — ECLI:EU:C:2023:67
Date: 2023-02-01
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Germany

Order of the Court (Chamber determining whether appeals may proceed) of 1 February 2023 – Balaban v EUIPO (Case C‑702/22 P) (Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed) 1. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Burden of proof (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170(b)) (see paragraph 10) 2. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Request that an appeal be allowed to proceed – Formal requirements – Scope (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170(b)) (see paragraphs 11- 13) 3. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Incompatibility with the case-law of the Court of Justice or of the General Court – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Appeal not allowed to proceed (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170(b)) (see paragraphs 14, 15) 4. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Appeal not allowed to proceed (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170(b)) (see paragraphs 16, 17) Operative part 1. The appeal is not allowed to proceed. 2. Mr Okan Balaban shall bear his own costs.