62020CO0446_INF
Order of the Court (Chamber determining whether appeals may proceed) of 12 November 2020 – Katjes Fassin v EUIPO
(Case C‑446/20 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. 8)
2.
Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Request for an appeal to 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 9-11)
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 and 170b)
(see paras 12, 13, 15, 16)
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
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)
(see para. 14)
Operative part
1.
The appeal is not allowed to proceed.
2.
Katjes Fassin GmbH & Co. KG shall bear its own costs.