Order of the Court (Chamber determining whether appeals may proceed) of 28 May 2020– Hästens Sängar v EUIPO
(Case C‑74/20 P)
(Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – 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 – Significant issue with respect to the unity, consistency or development of Union – Burden of proof
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b)
(see para. 15)
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, Arts 170a and 170b)
(see paras 16-18, 20)
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 21, 22, 25-28, 30, 31)
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 – Not included
(Statue of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170a and 170b)
(see paras 23, 24)
5. Appeal – Preliminary admission scheme – Significant issue with respect to the unity, consistency or development of Union law –Question that has not been examined by the Court – 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 para. 29)
Operative part
1. | | The appeal is not allowed to proceed. |
2. | | Hästens Sängar AB shall bear its own costs. |