Information;Order — ECLI:EU:C:2021:31
Date: 2021-01-19
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Germany

Order of the Court (Chamber determining whether appeals may proceed) of 19 January 2021 – Leinfelder Uhren München v EUIPO (Case C‑401/20 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 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 – 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 paras 18, 22, 23, 26) 2. 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 paras 19, 20, 28) 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 –Incompatibility with the case-law of 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 para. 25) Operative part 1. The appeal is not allowed to proceed. 2. Leinfelder Uhren München GmbH & Co. KG shall bear its own costs.