Дело C-521/23: UGA Nutraceuticals/EUIPO, Определение от 15 декември 2023 г.

Текст

... edure 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)

In Case C‑521/23 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 10 August 2023,

UGA Nutraceuticals Srl, established in Gubbio (Italy), represented by J. Graffer, A. Ottolini and M. Riva, avvocati,

appellant,

the other party to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Chamber determining whether appeals may proceed),

composed of L. Bay Larsen, Vice-President of the Court, M. Safjan and M. Jääskinen (Rapporteur), Judges,

Registrar: A. Calot Escobar,

having regard to the proposal from the Judge-Rapporteur and after hearing the Advocate General, J. Kokott,

makes the following

Order

1. By its appeal, UGA Nutraceuticals Srl asks the Court of Justice to set aside the judgment of the General Court of the European Union of 28 June 2023, UGA Nutraceuticals v EUIPO – BASF (OMEGOR VITALITY) (T‑496/22, EU:T:2023:360; ‘the judgment under appeal’), by which the General Court dismissed its action for annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 June 2022 (Case R 1200/2021-4), relating to opposition proceedings between UGA Nutraceuticals and BASF AS.

The request that the appeal be allowed to proceed

2. Under the first paragraph of Article 58a of the Statute ...