EN
23.5.2022
Official Journal of the European Union
C 207/11
— The present appeal raises an issue that is significant with respect to the unity, consistency and development of Union law.
The judgment under appeal endorses a narrow interpretation of the scope of the horizontal requirement of a continuing interest in bringing proceedings.
The said requirement is inspired by the general theory of procedural law common to the Member States, and the interpretation provided by the Union Judge is likely to significantly influence the way it is applied by national courts.
The present appeal also raises an important issue of procedural nature — by no means limited to the realm of IP law -, namely the consequences to be drawn from the rule that the author of the annulled act must have reference to the date on which it had adopted it with a view to adopting the replacement act.
The issue of the disappearance of the earlier right pendente lite has given rise to contradictory judgments of the General Court, yet the Court of Justice only had a brief opportunity, by way of reasoned order, to address in passing this issue.
The present appeal also raises the general issue of the consequences, upon the EU legal order, of the UK’s effective withdrawal from the EU.
(1) (2)
Article 11, 51(1), 66(1) and 71(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017, L 154, p. 1).
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2019, C 384 I, p. 1).
Appeal brought on 10 January 2022 by Sanford LP against the judgment of the General Court (Fifth Chamber) delivered on 10 November 2021 in Case T-443/20, Sanford v EUIPO — Avery Zweckform (Labels) (Case C-19/22 P) (2022/C 207/15) Language of the case: English Parties Appellant: Sanford LP (represented by: J. Zecher, Rechtsanwalt) Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), Avery Zweckform GmbH By order of 6 April 2022, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Sanford LP should bear its own costs.
Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 28 January 2022 — YQ v Ředitelství silnic a dálnic ČR (Case C-57/22) (2022/C 207/16) Language of the case: Czech Referring court Nejvyšší soud České republiky
Parties to the main proceedings Applicant: YQ Defendant: Ředitelství silnic a dálnic ČR