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CJEU Case C-902/19 P / Order

Esim Chemicals GmbH v European Union Intellectual Property Office
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Chamber determining whether appeals may proceed)
Type
Decision
Decision date
03/03/2020
ECLI (European case law identifier)
ECLI:EU:C:2020:145

Karta tad-Drittijiet Fundamentali tal-Unjoni Ewropea

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

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  • CJEU Case C-902/19 P / Order

    Key facts of the case:

    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 not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed.

    Outcome of the case:

    On those grounds, the Court (Chamber determining whether appeals may proceed) hereby orders:

    1. The appeal is not allowed to proceed.
    2. Esim Chemicals GmbH shall bear its own costs.
  • Paragraphs referring to EU Charter

    6) In support of its application for admission of the appeal, the appellant argues that the appeal raises important issues for the unity, consistency or development of EU law in so far as the General Court has breached the appellant’s right to have its affairs handled impartially and in a fair manner, in accordance with Article 41(1) and Article 47 of the Charter of Fundamental Rights of the European Union, and the principle of proportionality as laid down in Article 5(4) of the EU Treaty and Article 107 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).