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Document 62015TJ0425
Judgment of the General Court (Third Chamber) of 4 May 2017.
Ralf Schräder v Community Plant Variety Office.
Plant variety rights — Application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for Community protection of plant variety rights for the variety SUMOST 02 — Composition of the Board of Appeal of CPVO — Principle of impartiality.
Joined Cases T-425/15, T-426/15 and T-428/15.
Judgment of the General Court (Third Chamber) of 4 May 2017.
Ralf Schräder v Community Plant Variety Office.
Plant variety rights — Application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for Community protection of plant variety rights for the variety SUMOST 02 — Composition of the Board of Appeal of CPVO — Principle of impartiality.
Joined Cases T-425/15, T-426/15 and T-428/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Third Chamber) of 4 May 2017 —
Schräder v OCVV — Hansson (SEIMORA)
(Joined Cases T‑425/15, T‑426/15 and T‑428/15)
(Plant variety rights — Application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for Community protection of plant variety rights for the variety SUMOST 02 — Composition of the Board of Appeal of CPVO — Principle of impartiality)
1. |
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 — Stay of proceedings — Conditions — Judicial review of a suspension decision — Limits (Council Regulation No 2100/94, Art. 106) (see paras 59, 60) |
2. |
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 — Obligation of board members suspected of partiality to refrain from sitting — Concept of partiality — Board expressing disagreement with the views of a party concerning the conduct of the procedure — Not included (Council Regulation No 2100/94, Art. 48(3) and (4)) (see para. 67) |
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 — Measures of inquiry — Possibility of ordering additional investigative measures — Conditions (Council Regulation No 2100/94, Arts 53 to 65) (see paras 85-87) |
4. |
Actions for annulment — Grounds — Infringement of essential procedural requirements — Annulment capable of giving rise only to a new decision identical on the substance — Invalid plea in law (Art. 263 TFEU) (see para. 109) |
5. |
Agriculture — Uniform legislation — Protection of plant varieties — Transfer of rights to a protected variety — Conditions — Non-compliance — Consequences — Restrictive interpretation (Council Regulation No 2100/94, Arts 23 and 26) (see paras 137, 138) |
Re:
In Case T‑425/15, action brought against the decision of the Board of Appeal of CVPO of 24 February 2015 (Case A 003/2010) concerning an application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA; in Case T‑426/15, action brought against the decision of the Board of Appeal of CVPO of 24 February 2015 (Case A 002/2014) concerning an application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA; and, in Case T‑428/15, action brought against the decision of the Board of Appeal of CVPO of 24 February 2015 (Case A 007/2009) concerning an application for Community protection of plant variety rights for the variety SUMOST 02.
Operative part
The Court:
1. |
Dismisses the actions; |
2. |
Orders Mr Ralf Schräder to pay the costs. |