Order of the Court (Chamber determining whether appeals may proceed) of 23 April 2020 — Neoperl v EUIPO
(Case C‑14/20 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 — Appeal not allowed to proceed)
1. Appeal — Preliminary admission scheme — Significant issue with respect to the unity, consistency or development of Union law — Burden of proof
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see para. 9)
2. Appeal — Preliminary admission scheme — Request that the appeal be allowed to proceed — Formal requirements — Scope
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170a and 170b)
(see paras 10-12)
3. Appeal — Preliminary admission scheme — Significant issue with respect to the unity, consistency or development of Union law — Request that the appeal be allowed to proceed failing to show the significance of the issue — 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 13, 15-18)
4. Appeal — Preliminary admission scheme — Significant issue with respect to the unity, consistency or development of Union law — Review by the Court of the assessment of the facts and evidence — Precluded
(Art. 256(1) TFEU; Statue of the Court of Justice, Art. 58, first para., and 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see para. 14)
Operative part
1. | | The appeal is not allowed to proceed. |
2. | | Neoperl AG shall bear its own costs. |