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Document 62024TN0159
Case T-159/24: Action brought on 21 March 2024 – WAAA v CPVO – Teak Enterprises (Cripps Pink and Cripps Red)
Case T-159/24: Action brought on 21 March 2024 – WAAA v CPVO – Teak Enterprises (Cripps Pink and Cripps Red)
Case T-159/24: Action brought on 21 March 2024 – WAAA v CPVO – Teak Enterprises (Cripps Pink and Cripps Red)
OJ C, C/2024/3083, 13.5.2024, ELI: http://data.europa.eu/eli/C/2024/3083/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/3083 |
13.5.2024 |
Action brought on 21 March 2024 – WAAA v CPVO – Teak Enterprises (Cripps Pink and Cripps Red)
(Case T-159/24)
(C/2024/3083)
Language in which the application was lodged: English
Parties
Applicant: Western Australian Agriculture Authority (WAAA) (South Perth, Australia) (represented by: T. Bouvet and C. Devinant, lawyers)
Defendant: Community Plant Variety Office
Other party to the proceedings before the Board of Appeal: Teak Enterprises Pty Limited (Applecross, Australia)
Details of the proceedings before CPVO
Proprietor of the Community plant variety right at issue: Applicant before the General Court
Community plant variety right at issue: Cripps Pink and Cripps Red apple varieties - Community plant variety rights No 1640 and No 3425
Procedure before CPVO: Nullity proceedings
Contested decision: Decision of the Board of Appeal of CPVO of 12 January 2024 in joined cases A 019/2021 and A 020/2021
Form of order sought
The applicant claims that the Court should:
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annul and set aside the contested decision; |
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alter the contested decision and hold that the CPVO rightfully: |
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considered that the conditions laid down to open nullity proceedings are not met; |
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decided not to declare the Cripps Pink and Cripps Red varieties null and void; |
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order Teak Enterprises Pty Limited to bear the costs and expenses of the proceedings. |
Pleas in law
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Infringement of Article 53a of Commission Implementing Regulation (EC) No 874/2009, together with Article 266 TFEU, the principle of legal certainty and the provisions regarding the burden of proof; |
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Infringement of Article 10 of Council Regulation (EC) No 2100/94 in combination with Article 53a of Commission Implementing Regulation (EC) No 874/2009 and the provisions regarding the burden of proof. |
ELI: http://data.europa.eu/eli/C/2024/3083/oj
ISSN 1977-091X (electronic edition)