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Order of the Court (Chamber determining whether appeals may proceed) of 16 December 2021

Order of the Court (Chamber determining whether appeals may proceed) of 16 December 2021

Data

Court
Court of Justice
Case date
16 december 2021

Verdict

Order of the Court (Chamber determining whether appeals may proceed) of 16 December 2021 – Innovative Cosmetic Concepts v EUIPO

(Case C‑523/21 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)"

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, Art. 170b)

(see para. 9)

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 10-12)

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 significantAppeal 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 paras 13, 15, 16)

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 Court of Justice or of the General CourtRequest that the appeal be allowed to proceed failing to demonstrate that the issue is significantAppeal not allowed to proceed

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

(see para. 14)

Operative part

The appeal is not allowed to proceed.

Innovative Cosmetic Concepts LLC shall bear its own costs.