Order of the Court of 18 March 2021

Data

Court: Court of Justice

Case date: 18 maart 2021

Verdict

Order of the Court of 18 March 2021 – Laboratorios Ern v EUIPO

(Case C‑678/20 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. AppealScheme for prior determination as to whether appeals should be allowed to proceedIssue that is significant with respect to the unity, consistency or development of EU lawBurden of proof

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see para. 13)

2. AppealScheme for prior determination as to whether appeals should be allowed to proceedRequest that an appeal be allowed to proceedFormal requirementsScope

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see paras 14-16, 23)

3. AppealScheme for prior determination as to whether appeals should be allowed to proceedIssue that is significant with respect to the unity, consistency or development of EU lawRequest that the appeal be allowed to proceed failing to demonstrate that the issue is significantRefusal to allow the appeal to proceed

(Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)

(see paras 17, 18)

4. AppealScheme for prior determination as to whether appeals should be allowed to proceedIssue that is significant with respect to the unity, consistency or development of EU lawIncompatibility with the case-law of the CourtRequest that the appeal be allowed to proceed failing to demonstrate that the issue is significantRefusal to allow the appeal to proceed

(Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)

(see paras 19, 20)

5. AppealScheme for prior determination as to whether appeals should be allowed to proceedIssue that is significant with respect to the unity, consistency or development of EU lawReview by the Court of the assessment of the facts and evidencePrecluded

(Art. 256(1) TFUE; Statute of the Court of Justice, Art. 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b)

(see paras 21, 22)

Operative part

1. The appeal is not allowed to proceed.

2. Laboratorios Ern, SA shall bear its own costs.