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Document 62008TN0134

    Case T-134/08: Action brought on 4 April 2008 — Schräder v CPVO — Jørn Hansson (Lemon Symphony)

    SL C 142, 7.6.2008, p. 32–32 (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 — Schräder v CPVO — Jørn Hansson (Lemon Symphony)

    (Case T-134/08)

    (2008/C 142/58)

    Language in which the application was lodged: German

    Parties

    Applicant: Ralf Schräder (Lüdinghausen, Germany) (represented by: T. Leidereiter and W.-A. Schmidt, lawyers)

    Defendant: Community Plant Variety Office

    Other party to the proceedings before the Board of Appeal of CPVO: Jørn Hansson (Søndersø, Denmark)

    Form of order sought

    —

    Annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 006/2007);

    —

    Order the defendant to pay the costs.

    Pleas in law and main arguments

    Community plant variety right concerned: Lemon Symphony

    Proprietor of the Community plant variety right: Jørn Hansson

    Decision of the Board of Appeal of the Community Plant Variety Office which is being contested: Failure to cancel the Community plant variety right for Lemon Symphony in accordance with Article 21 of Council Regulation (EC) No 2100/94 (1)

    Appellant before the Board of Appeal: the Applicant

    Decision of the Board of Appeal: dismissal of the appeal

    Pleas in law:

    —

    Infringement of Article 59(2) of Commission Regulation (EC) No 1239/95 (2) inasmuch as the applicant was not summoned to the hearing in due form;

    —

    Infringement of Article 71(1), in conjunction with Articles 21, 67 and 68, of Regulation No 2100/94 inasmuch as the grounds of appeal were not considered or not adequately considered;

    —

    Infringement of Article 73 of Regulation No 2100/94 and Article 230 EC inasmuch as the applicant's right to judicial review of administrative action has been infringed;

    —

    Infringement of Article 48 of Regulation No 2100/94 inasmuch as a member of the Board of Appeal allegedly had an interest in the proceedings.

    (1)  Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).

    (2)  Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (OJ 1995 L 121, p. 37).

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