Order of the Court (Chamber determining whether appeals may proceed) of 13 October 2020 – Abarca v EUIPO
(Case C‑313/20 P)
(Appeal – EU trade mark – Admission of appeals – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed)
1. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Significant issue 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 para. 10)
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 paras 11-13)
3. Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Significant issue 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 paras 14-16)
Operative part
1. | | The appeal is not allowed to proceed. |
2. | | Abarca – Companhia de Seguros SA shall bear its own costs. |