This may be one of those instances in which the title of a blogpost is more entertaining than the post itself. This post features Case C-400/14 P Basic AG Lebensmittelhandel v OHIM), Repsol YPF
SA intervening, a Court of Justice of the European Union (Sixth Chamber) decision dating back to 16 July. It's not a judgment but a 'reasoned order' -- a rather lower species of decision, binding but not normally likely to hit the headlines.
|Basic Instinct: Marjorie|
rehearses the notorious
This appeal looks like a bit of a no-hope, straw-clutching exercise -- and this is exactly why Article 181 of the Rules of Procedure exists. The CJEU doesn't seem to have much scope for refusing to accept appeals or for deciding which cases come before it, so the 'reasoned order' is the neat way out. This Kat doesn't think that there is any ground on which to appeal against or set aside the CJEU's decision to use its Article 181 facility either, though he is happy to be put right on this. Adds Merpel, when parties feel aggrieved by a decision, it can be difficult for them to live with it: the urge to appeal is what one might call a Basic Instinct.