Order;Information — ECLI:EU:C:2024:67
Date: 2024-01-18
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 18 January 2024 – Groupe Canal+ v EUIPO (Case C‑500/23 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 – Scope (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b) (see paragraph 11) 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 and 170b) (see paragraphs 12-14) 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 – 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, Art. 170b) (see paragraphs 15, 18) 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 – 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 (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b) (see paragraph 16) 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 – Distortion of facts and evidence – Precluded (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b) (see paragraph 17) Operative part 1. The appeal is not allowed to proceed. 2. Groupe Canal+ shall bear its own costs.