Action brought on 16 February 2023 — Jaw de Croon v CPVO — Belgicactus (Belsemred1)

(Case T-77/23)

(2023/C 121/18)

Language in which the application was lodged: English

Parties

Applicant: Jaw de Croon Holding BV (Apeldoorn, Netherlands) (represented by: T. Overdijk, lawyer)

Defendant: Community Plant Variety Office (CPVO)

Other party to the proceedings before the Board of Appeal: Belgicactus BVBA (Westerlo, Belgium)

Details of the proceedings before CPVO

Proprietor of the Community plant variety right at issue: Other party to the proceedings before the Board of Appeal

Community plant variety right at issue: Community Plant Variety Right Belsemred1

Procedure before CPVO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Board of Appeal of CPVO of 16 December 2022 in Case A024/2021

Form of order sought

The applicant claims that the Court should:

—	annul or set aside the contested decision;

—	order the CPVO to declare the Community Plant Variety Right granted to ‘Belsemred1’ null and void; or alternatively, order the CPVO to undertake further evidence taking on issues to be identified by the General Court;

—	Order the CPVO to bear its own costs and pay and/or reimburse the costs of these proceedings incurred by the Appellant in accordance with applicable rules.

Pleas in law

—	Infringement of essential procedural requirements;

—	Infringement of Regulation (EU) 2100/94 of the Council or any rule of law relating to their application, including the Treaty on the European Union and the Treaty on the Functioning of the European Union.