35In that connection, it must be noted, first, that, generally, for the institutions of the European Union, determining and interpreting rules of national law, in so far as so doing is essential to their activity, is a matter of establishing the facts, not applying the law. Indeed, the only law which is applied is European Union law (‘EU law’). Therefore, while it is true that Article 65(2) of Regulation No 207/2009, relied on by the applicant, must be construed as meaning that rules of law whose infringement may give rise to an action before the General Court may be the province of national or EU law, it is, however, only EU law which falls within the area of law, in which the maxim iura novit curia applies, whereas national law is an issue of fact, where facts must be adduced and the requirements of the burden of proof apply, and the content of national law must be demonstrated where necessary by the production of evidence (Opinion of Advocate General Kokott in Case C-263/09 P Edwin v OHIM [2011] ECR I-5853, points 55, 56, 75 and 77; see, by analogy, the judgment in Edwin v OHIM, paragraphs 47 to 50).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.