62024CO0577_INF
Order of the Court (Chamber determining whether appeals may proceed) of 8 January 2025 – Peikko Group v EUIPO
(Case C‑577/24 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 not demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed 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(1) and 170b)
(see paragraph 11)
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(1) and 170b)
(see paragraphs 12-14)
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 – Conflict with the case-law of the Court – Request that an 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(1) and 170b)
(see paragraph 15)
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 – Request that an 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(1) and 170b)
(see paragraphs 16, 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 – Issue that has not been examined by the Court – Request that an 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(1) and 170b)
(see paragraph 17)
6.
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 Justice of the assessment of the facts and evidence – Precluded
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)
(see paragraph 19)
Operative part
1.
The appeal is not allowed to proceed.
2.
Peikko Group Oy shall bear its own costs.