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Document 62022CO0681
Order of the Court of 27 February 2023.
Olimp Laboratories sp. z o.o. v European Union Intellectual Property Office.
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.
Case C-681/22 P.
Order of the Court of 27 February 2023.
Olimp Laboratories sp. z o.o. v European Union Intellectual Property Office.
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.
Case C-681/22 P.
Order of the Court of 27 February 2023.
Olimp Laboratories sp. z o.o. v European Union Intellectual Property Office.
Case C-681/22 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2023:128
Order of the Court (Chamber determining whether appeals may proceed) of 27 February 2023 – Olimp Laboratories v EUIPO
(Case C‑681/22 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)
1. |
Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant 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, Arts 170a(1) and 170b) (see paragraph 11) |
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(1) and 170b) (see paragraphs 12- 14) |
3. |
Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant 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(1) and 170b) (see paragraphs 15- 17) |
Operative part
1. |
The appeal is not allowed to proceed. |
2. |
Olimp Laboratories sp. z o.o. shall be ordered to bear its own costs. |