Fabryki Mebli "Forte" v Bog-Fran (Appeal - Community design - Whether appeals may be allowed to proceed - Order) [2020] EUECJ C-183/20P_CO (16 July 2020)

Fabryki Mebli "Forte" v Bog-Fran (Appeal - Community design - Whether appeals may be allowed to proceed - Order) [2020] EUECJ C-183/20P_CO (16 July 2020)

The appellant failed to demonstrate that the appeal raises any issue significant to the unity, consistency or development of EU law as required by Article 58a of the Statute of the Court of Justice of the European Union. The arguments presented were either based on incorrect readings of the judgment under appeal, concerned factual assessments not reviewable at this stage, or were generic and unsupported by specific reasons or legal significance.

Citation
[2020] EUECJ C-183/20P_CO
Parties
Appellant: Fabryki Mebli “Forte” S. A.; Applicant at First Instance: Bog-Fran sp. z o.o. sp.k; Defendant at First Instance: European Union Intellectual Property Office (EUIPO)
Jurisdiction
European Union
Judgment Date
16 July 2020
Procedural Posture
Appeal / Order on Whether Appeal May Proceed
Outcome
Appeal not allowed to proceed
Legal Topics
Community Design, Appeal Procedure, Evidence Assessment, Disclosure of Design, Right to a Fair Trial
Intellectual Property Law European Union Law Community Design Appeal Procedure Evidence Assessment Disclosure of Design Right to a Fair Trial

Case Brief

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Parties

Fabryki Mebli “Forte” S. A.

Appellant

Bog-Fran sp. z o.o. sp.k

Applicant at First Instance

European Union Intellectual Property Office (EUIPO)

Defendant at First Instance

Procedural Posture

Appeal / Order on Whether Appeal May Proceed

Legal Issues

  1. 1 Whether the appeal raises an issue significant to the unity, consistency or development of EU law under Article 58a of the Statute of the Court of Justice of the European Union
  2. 2 Whether the General Court departed from its own case-law regarding evidence and disclosure in Community design cases
  3. 3 Whether the General Court infringed Article 7(1) of Regulation No 6/2002 and Article 47 of the Charter of Fundamental Rights

Ratio Decidendi

The appellant failed to demonstrate that the appeal raises any issue significant to the unity, consistency or development of EU law as required by Article 58a of the Statute of the Court of Justice of the European Union. The arguments presented were either based on incorrect readings of the judgment under appeal, concerned factual assessments not reviewable at this stage, or were generic and unsupported by specific reasons or legal significance.

Court Disposition

Appeal not allowed to proceed

Orders

  • The appeal is not allowed to proceed.
  • Fabryki Mebli “Forte” S. A. shall bear its own costs.