62020CO0404_INF
Order of the Court (Chamber determining whether appeals may proceed) of 17 December 2020 – Brands Up v EUIPO
(Case C‑404/20 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, Art. 170b)
(see para. 14)
2.
Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Request that the 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 paras 15-18)
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 for the appeal to be allowed to proceed not demonstrating 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, Arts 170a(1) and 170b)
(see paras 19-21, 23, 25)
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 – Review by the Court of the assessment of the facts and evidence – Not included
(Art. 256(1) TFEU; Statute of the Court of Justice, Arts 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see paras 22, 24)
Operative part
1.
The appeal is not allowed to proceed.
2.
Brands Up OÜ shall bear its own costs.