Peek & Cloppenburg v EUIPO (Order) French Text [2020] EUECJ C-308/20P_CO (29 October 2020)

Peek & Cloppenburg v EUIPO (Order) French Text [2020] EUECJ C-308/20P_CO (29 October 2020)

The applicant failed to demonstrate that the appeal raised any important question for the unity, coherence, or development of EU law as required by Article 58bis of the Statute. The arguments presented did not meet the threshold for admissibility, as they either failed to show the alleged errors had such importance,...

Source-derived case information.

Citation
[2020] EUECJ C-308/20P_CO
Parties
Applicant: Peek & Cloppenburg KG (Düsseldorf); Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Peek & Cloppenburg KG (Hambourg)
Jurisdiction
European Union
Procedural Posture
Appeal (pourvoi) Against General Court Decision / Admission of Appeal (preliminary Review)
Outcome
Appeal not admitted
Legal Topics
EU Trademark Law, Admissibility of Appeals, Interpretation of National Law in EU Proceedings, Burden of Proof, Judicial Review
Intellectual Property European Union Law EU Trademark Law Admissibility of Appeals Interpretation of National Law in EU Proceedings Burden of Proof Judicial Review

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Parties

Peek & Cloppenburg KG (Düsseldorf)

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Peek & Cloppenburg KG (Hambourg)

Intervener

Procedural Posture

Appeal (pourvoi) Against General Court Decision / Admission of Appeal (preliminary Review)

  1. 1 Whether the appeal raises an important question for the unity, coherence, or development of EU law under Article 58bis of the Statute of the Court of Justice
  2. 2 Whether the General Court erred in its interpretation and application of national law under Article 8(4) of Regulation (EU) 2017/1001
  3. 3 Whether the General Court committed a manifest distortion of facts and evidence

Ratio Decidendi

The applicant failed to demonstrate that the appeal raised any important question for the unity, coherence, or development of EU law as required by Article 58bis of the Statute. The arguments presented did not meet the threshold for admissibility, as they either failed to show the alleged errors had such importance, or were insufficiently substantiated.

Court Disposition

Appeal not admitted

Orders

  • The appeal is not admitted.
  • Peek & Cloppenburg KG (Düsseldorf) shall bear its own costs.