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Document 62008TN0135
Case T-135/08: Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)
Case T-135/08: Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)
Case T-135/08: Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)
OJ C 142, 7.6.2008, p. 32–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.6.2008 |
EN |
Official Journal of the European Union |
C 142/32 |
Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)
(Case T-135/08)
(2008/C 142/59)
Language in which the application was lodged: English
Parties
Applicant: Schniga Srl (Bolzano, Italy) (represented by G. Würtenberger, lawyer and R. Kunze, Solicitor)
Defendant: Community Plant Variety Office
Other parties to the proceedings before the Board of Appeal: SNC Elaris (Angers, France) and Brookfield New Zealand Ltd (Havelock North, New Zealand)
Form of order sought
— |
Annul the Decision of the Board of Appeal of 21 November 2007 in cases A-003/2007 and A-004/2007; and |
— |
order CPVO to pay the costs. |
Pleas in law and main arguments
Applicant for Community plant variety rights: Konsortium Südtiroler Baumschuler, following the transfer of the variety at issue, Schniga Srl (Application No 1999/0033)
Community plant variety right sought for: Gala-Schnitzer
Decision of the CPVO: Community plant variety right granted (Decisions No EU 18759, OBJ 06-021 and OBJ 06-022)
Appeal before the Board of Appeal lodged by: SNC Elaris and Brookfield New Zealand Ltd
Decision of the Board of Appeal: Annulment of the decision of the CPVO
Pleas in law: Infringement of Article 59(3) of Council Regulation No 2100/94 (1) as the objections to the Community plant variety right do not comply with the said provision; the disputed decision is based on requirements to be fulfilled by the applicant beyond the legislative framework; the power and discretion of the President of CPVO have been wrongly assessed.
(1) Council Regulation (EC) No 2100/1994 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).