Source: EURLEX
Language: en
Format: md

Order of the Court (Chamber determining whether appeals may proceed) of 11 October 2023 –  
Tinnus Enterprises v EUIPO

(Case C‑359/23 P) (
[1](#t-ECR_62023CO0359_INF_EN_01-E0001)
)

(Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that 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 paragraph 13) |

| 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 and 170b)  (see paragraphs 14-16) |

| 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, Arts 170a and 170b)  (see paragraphs 17, 24, 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 – Issue that has not been examined by 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 paragraph 18) |

| 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 – Review by the Court 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 and 170b)  (see paragraphs 19, 20) |

| 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 – Conflict with the case-law of the Court of Justice or of the General 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 paragraphs 21-23) |

Operative part

| 1. | The appeal is not allowed to proceed. |

| 2. | Tinnus Enterprises LLC shall bear its own costs. |

---

(
[1](#c-ECR_62023CO0359_INF_EN_01-E0001)
) [OJ C 948, 27.11.2023](./../../../legal-content/EN/AUTO/?uri=OJ:C:2023:948:TOC).

[Top](#document1)