Information;Order — ECLI:EU:C:2023:1002
Date: 2023-12-15
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal
Origin: Germany

Order of the Court (Chamber determining whether appeals may proceed) of 15 December 2023 – Sanity Group v EUIPO (Case C‑533/23 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 170b) (see paragraph 14) 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 170b) (see paragraphs 15-17) 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 – Conflict 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 170b) (see paragraphs 18-20) 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 – Issue that has not been examined by the 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 170b) (see paragraph 21) 5. 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 – Arguments of a general nature – 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 170b) (see paragraphs 22-26) Operative part 1. The appeal is not allowed to proceed. 2. Sanity Group GmbH shall bear its own costs.