This document is an excerpt from the EUR-Lex website
Document 62015TN0140
Case T-140/15: Action brought on 24 March 2015 — Aurora v CPVO — SES-VanderHave (M 02205)
Case T-140/15: Action brought on 24 March 2015 — Aurora v CPVO — SES-VanderHave (M 02205)
Case T-140/15: Action brought on 24 March 2015 — Aurora v CPVO — SES-VanderHave (M 02205)
IO C 190, 8.6.2015, p. 17–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2015 |
EN |
Official Journal of the European Union |
C 190/17 |
Action brought on 24 March 2015 — Aurora v CPVO — SES-VanderHave (M 02205)
(Case T-140/15)
(2015/C 190/21)
Language in which the application was lodged: English
Parties
Applicant: Aurora Srl (Finale Emilia, Italy) (represented by: L. Buchman, lawyer)
Defendant: Community Plant Variety Office (CPVO)
Other party to the proceedings before the Board of Appeal: SES-VanderHave NV/SA (Tienen, 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 No EU 15118, variety denomination M 02205
Contested decision: Decision of the Board of Appeal of CPVO of 26 November 2014 in Case A10/2013
Form of order sought
The applicant claims that the Court should:
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annul the contested decision; |
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declare that CPVR No EU 15118 is null and void; |
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order CPVO to pay the costs, including the cost of any intervening parties. |
Pleas in law
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Infringement of Articles 6 and 7 of Regulation No 2100/94; |
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Misinterpretation of Article 87(4) of Regulation No 2100/94; |
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Infringement of the principle of legal certainty insofar as the conditions of the granted CPVR were retrospectively changed; |
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Infringement, to a certain extent, of the principle of legitimate expectation; |
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Infringement of the principle of transparency and of the right of public access to documents insofar as the Examination process was not carried out in a transparent manner as the Applicant did not have access to fundamental documents. |