Information;Order — ECLI:EU:C:2020:408
Date: 2020-05-28
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Austria

Order of the Court (Chamber determining whether appeals may proceed) of 28 May 2020 – Billa v EUIPO (Case C‑61/20 P) (Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue 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 (Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b) (see para. 11) 2. Appeal – Preliminary admission scheme – Request for an appeal to be allowed to proceed – Formal requirements – Scope (Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b) (see paras 12-14) 3. 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 (Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b) (see para. 16) 4. Appeal – Preliminary admission scheme – Issue that is significant with respect to the unity, consistency or development of EU law – Review by the Court of the assessment of the facts and evidence – Not included (Art. 256(1) TFEU; Statue of the Court of Justice, Arts 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b) (see para. 19) 5. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see para. 20) Operative part 1. The appeal is not allowed to proceed. 2. Billa AG shall bear its own costs.