This document is an excerpt from the EUR-Lex website
Document 62021CO0743
Order of the Court (chamber determining whether appeals may proceed) of 31 March 2022.
Marina Yachting Brand Management Co. Ltd 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-743/21 P.
Order of the Court (chamber determining whether appeals may proceed) of 31 March 2022.
Marina Yachting Brand Management Co. Ltd 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-743/21 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2022:257
Order of the Court (Chamber determining whether appeals may proceed) of 31 March 2022
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Marina Yachting Brand Management v EUIPO
(Case C‑743/21 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)
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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 para. 12) |
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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 paras 13-15) |
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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 – Incompatibility with the case-law of the Court of Justice or of the General Court – 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 paras 19, 20) |
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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 – Issue rarely examined by the Court – 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 para. 21) |
Operative part
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The appeal is not allowed to proceed. |
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Marina Yachting Brand Management Co. Ltd shall bear its own costs. |