62020CO0678_INF
Order of the Court of 18 March 2021 – Laboratorios Ern v EUIPO
(Case C‑678/20 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 – Burden of proof
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)
(see para. 13)
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 paras 14-16, 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 that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Refusal to allow the appeal to proceed
(Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)
(see paras 17, 18)
4.
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 – Refusal to allow the appeal to proceed
(Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)
(see paras 19, 20)
5.
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 – Review by the Court of the assessment of the facts and evidence – Precluded
(Art. 256(1) TFUE; Statute of the Court of Justice, Art. 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see paras 21, 22)
Operative part
1.
The appeal is not allowed to proceed.
2.
Laboratorios Ern, SA shall bear its own costs.