This document is an excerpt from the EUR-Lex website
Document 62014TJ0767
Judgment of the General Court (Sixth Chamber) of 13 July 2017.
Boomkwekerij van Rijn-de Bruyn BV v Community Plant Variety Office.
New varieties of plants — Community plant variety rights — Application for a Community plant variety right for the pear variety Oksana — Objections — Rejection of the application by the Board of Appeal of the CPVO — Article 10 of Regulation (EC) No 2100/94 — Novelty of the candidate variety — Lack of evidence.
Case T-767/14.
Judgment of the General Court (Sixth Chamber) of 13 July 2017.
Boomkwekerij van Rijn-de Bruyn BV v Community Plant Variety Office.
New varieties of plants — Community plant variety rights — Application for a Community plant variety right for the pear variety Oksana — Objections — Rejection of the application by the Board of Appeal of the CPVO — Article 10 of Regulation (EC) No 2100/94 — Novelty of the candidate variety — Lack of evidence.
Case T-767/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Sixth Chamber) of 13 July 2017 — Boomkwekerij van Rijn-de Bruyn v OCVV — Artevos (Oksana)
(Case T‑767/14)
(New varieties of plants — Community plant variety rights — Application for a Community plant variety right for the pear variety Oksana — Objections — Rejection of the application by the Board of Appeal of the CPVO — Article 10 of Regulation (EC) No 2100/94 — Novelty of the candidate variety — Lack of evidence)
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1. |
Agriculture — Uniform legislation — Protection of plant varieties — Decisions of the CPVO or its Boards of Appeal — Judicial review — Scope — Limits (Council Regulation No 2100/94, Art. 73) (see paras 30, 69-71) |
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2. |
EU law — Principles — Rights of defence — Audi alteram partem rule — Scope — No need to hear the parties on each point of the legal assessment (Council Regulation No 2100/94, Art. 75) (see para. 40) |
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3. |
Agriculture — Uniform legislation — Protection of plant varieties — Appeals procedure — Appeal brought against a decision of the Community Plant Variety Office and referred to the Board of Appeal — Investigation of the facts of the Court’s own motion (Council Regulation No 2100/94, Arts 54, 55 and 76) (see para. 73) |
Re:
ACTION against the decision of the Board of Appeal of the CPVO of 2 July 2014 (Case A 007/2013) concerning the grant of a Community plant variety right in respect of pears of the Oksana variety.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Boomkwekerij van Rijn-de Bruyn BV to pay the costs. |