62025CO0046_INF
Order of the Court (Chamber determining whether appeals may proceed) of 17 June 2025 –Butzkies-Schiemann v EUIPO
(Case C‑46/25 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. 170a(1) and 170b)
(see paragraph 14)
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, Art. 170a(1) and 170b)
(see paragraphs 15-17)
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 – Appeal not allowed to proceed
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170a(1) and 170b)
(see paragraphs 18-22, 24-27)
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 – Conflict with the decision-making practice of EUIPO – Practice not binding on the EU judicature – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant
(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170a(1) and 170b; European Parliament and Council Regulation 2017/1001)
(see paragraph 23)
Operative part
1.
The appeal is not allowed to proceed.
2.
Mr Sven Butzkies-Schiemann shall bear his own costs.