Order;Information — ECLI:EU:C:2024:223
Date: 2024-03-05
Language of the case: Spanish
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment;Appeal
Origin: Germany

Order of the Court (Chamber determining whether appeals may proceed) of 5 March 2024 – Cayago Tec v EUIPO (Case C‑700/23 P) ( Appeal – Community design – 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 (Statute of the Court of Justice, Art. 58a, Rules of Procedure of the Court of Justice, Art. 170a(1) and 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, Art. 170a(1) 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. 170a(1) and 170b) (see paragraphs 15-19) Operative part 1. The appeal is not allowed to proceed. 2. Cayago Tec GmbH shall bear its own costs.