Jurisdiction(s):
European Union

Advocate General’s opinion in EUIPO v Neoperl: General Court exceeded alteration jurisdiction by deciding unexamined grounds; guidance on Article 72(3) EUTMR and appeal filtering

Published on: 23 September 2024

Published by a LexisNexis EU Law expert

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Article summary

EUIPO v Neoperl AG (AG opinion) Case C‑93/23 P

What are the practical implications of this case?

The Advocate General’s opinion clarifies the limits on how far the General Court may modify a decision of the EUIPO Board of Appeal. The General Court ought not to reach findings on facts that the earlier tribunal has not examined and determined, as doing so would strip that body of its function. In practical terms, parties should contest General Court judgments where they contain rulings on points that were not decided in the appealed case. The opinion reviews the appeal filtering mechanism and explains why this appeal was permitted to proceed. The conditions to be satisfied are stringent, and appeals progress only where they raise an issue of significance for the unity, consistency or development of EU law. The present appeal invites the Court of Justice to determine the scope and the conditions governing the exercise of the power to alter decisions vested in the General Court under Article 72(3) of Regulation (EU) 2017/1001. It clearly maps the line so the earlier tribunal is not deprived of its role...

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