Allan also spoke of the CJEU's role in hearing appeals on CTM matters from the General Court (these are now processed in about half the time it took when he was appointed in 2002). The possibility of requiring leave to appeal is open, allowing an appeal only where there is a serious issue to be considered.
|Four layers: good for cakes,|
bad for CTM appeals
Peter Ruess (International School of Management, Frankfurt) chipped in at this point, observing that CTM appeals involve a colossal degree a delay in respect of matters that are essentially trivial, citing the words of this Kat in Case C‑383/12 P Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market, Société Elmar Wolf:
Katfriend Dev Gangjee (Faculty of Law, University of Oxford) added a consumer-oriented point: different areas of law call for different types of consumer. How far should the concept of the consumer be legally defined for the purposes of trade mark law, and how far should he be based in reality and evidence rather than in legal expression? Said Robin, the average consumer is "the top part of the bell curve".
At this point Allan Rosas returned to the discussion, broadly endorsing the comments of Paul and Robin. Right now there was a general reluctance to opt for Treaty changes, though he and some of his colleagues are thinking about the possibility that they might be needed.
James Nurton then raised the role of the Advocate General. Why were they created in the first place? Explained Paul, it was thought handy to have an independent view to guide the then new court -- and some of their Opinions are of good quality, while others sadly are of less value. Robin was not keen on the gap between hearing the Advocate General's arguments and getting the Opinion:
"When I've heard a case I want to write the judgment straight away. Three months later you forget what the bloody case is all about".Finally, Robin contrasted what appeared to be the very high quality of the legal content and the clarity of the CJEU's decisions on Value-Added Tax, which have never required any degree of clarification or course-correction, with those in the field of trade mark law -- which are of far poorer quality.