62023CO0077_INF
Order of the Court (Chamber determining whether appeals may proceed) of 27 June 2023 –Haskovo Chamber of Commerce and Industry v EUIPO and Devin
(Case C‑77/23 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 – 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 – Scope
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see paragraph 21)
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, Art. 170a(1) and 170b)
(see paragraphs 22, 23)
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 failing to demonstrate that the issue is significant – Refusal to allow the appeal 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 25-28)
Operative part of the order
1.
The appeal is not allowed to proceed;
2.
Haskovo Chamber of Commerce and Industry is ordered to bear its costs.