62021CO0425_INF
Order of the Court (Chamber determining whether appeals may proceed) of 11 November 2021 – Sun Stars & Sons v EUIPO
(Case C‑425/21 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.
Appeals – 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. 170b)
(see para. 12)
2.
Appeals – 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 13-15)
3.
Appeals – 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 16-18, 22, 23)
4.
Appeals – 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 and 170b)
(see paras 19, 20)
5.
Appeals – 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 – Not included
(Statute of the Court of Justice, Arts 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see para. 21)
Operative part
1.
The appeal is not allowed to proceed.
2.
Sun Stars & Sons Pte Ltd shall bear its own costs.