Information;Order — ECLI:EU:C:2020:762
Date: 2020-09-30
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Italy

Order of the Court (Chamber determining whether appeals may proceed) of 30 September 2020 – Giorgio Armani v EUIPO (Case C-239/20 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 a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed) 1. Appeal –Scheme for prior determination as to whether appeals should be allowed to proceed – Significant issue 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 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 and 170b) (see paragraphs 15-17) 3. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Significant issue 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 and 170b) (see paragraphs 20-23) 4. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed –Significant issue with respect to the unity, consistency or development of EU law – Incompatibility with the Court’s case-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. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b) (see paragraph 24) 5. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed –Significant issue with respect to the unity, consistency or development of EU law – Issue not 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. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b) (see paragraph 25) Operative part 1. The appeal is not allowed to proceed. 2. Giorgio Armani SpA shall bear its own costs.