Order of the Court (Chamber determining whether appeals may proceed) of 16 December 2022 – Group Nivelles v EUIPO
(Case C‑419/22 P)
(Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – 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, Arts 170a(1) and 170b)
(see paragraph 15)
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(1) and 170b)
(see paragraphs 16, 17)
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 an appeal be allowed to proceed failing to demonstrate the influence of the errors of law allegedly committed by the General Court on the result of the contested decision – 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 paragraphs 22, 23)
Operative part
1.
The appeal is not allowed to proceed.
2.
Group Nivelles NV shall bear its own costs.