Order of 15 Jun 2022, C-121/22 (Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO-Fontana Food), ECLI:EU:C:2022:492.

Order of the Court (Chamber determining whether appeals may proceed) of 15 June 2022 –Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO

(Case C-121/22 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, coherence 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 para. 12)

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 paras 13-15)

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 paras 16-18, 20-22)

4.      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 – Review by the Court of the assessment of the facts and evidence – Precluded

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a(1) and 170b)

(see para. 19)

Operative part

1.

The appeal is not allowed to proceed.

2.

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi shall bear its own costs.