Order of the Court (Chamber determining whether appeals may proceed) of 6 February 2020 — NHS v EUIPO
(Case C‑858/19 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 a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed)
1. Appeal — Preliminary admission scheme — Issue that is significant with respect to the unity, consistency or development of EU law — Burden of proof
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see para. 10)
2. Appeal — Preliminary admission scheme — Request that an appeal be allowed to proceed — Formal requirements — Scope
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, 170a and 170b)
(see paras 11-13)
3. Appeal — Preliminary admission scheme — 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 — Not included
(Art. 256(1) TFEU; Statue of the Court of Justice, Arts 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170)
(see paras 14, 17)
4. Appeal — Preliminary admission scheme — Issue that is significant with respect to the unity, consistency or development of EU law — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant — Appeal not allowed to proceed
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170a and 170b)
(see paras 15, 16, 18, 19)
Operative part
1. | | The appeal is not allowed to proceed. |
2. | | NHS, Inc. shall bear its own costs. |