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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.
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.

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