Order;Information — ECLI:EU:C:2019:1048
Date: 2019-12-05
Language of the case: Polish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Poland

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2019 — Agencja Wydawnicza Technopol v EUIPO (Case C‑664/19 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 not raising an issue that is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed) 1. Appeal — Preliminary admission scheme — 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, Art. 170b) (see para. 13) 2. Appeal — Preliminary admission scheme — Request for an appeal to be allowed to proceed —Formal requirements — Scope (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b) (see paras 14-16) 3. EU trade mark — Decisions of the Office — Legality — EUIPO’s previous decision-making practice (Council Regulation No 207/2009; European Parliament and Council Regulation 2017/1001) (see para. 17) 4. Appeal — Preliminary admission scheme — Issue that is significant with respect to the unity, consistency or development of EU law — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant — Refusal to allow the appeal to proceed (Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b) (see paras 18-24) Operative part 1. The appeal is not allowed to proceed. 2. Agencja Wydawnicza Technopol sp. z o.o. is ordered to bear its own costs.