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Document C2006/212/68

Case T-187/06: Action brought on 18 July 2006 — Ralf Schräder v Community Plant Variety Office

ĠU C 212, 2.9.2006, p. 39–39 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

2.9.2006   

EN

Official Journal of the European Union

C 212/39

Action brought on 18 July 2006 — Ralf Schräder v Community Plant Variety Office

(Case T-187/06)

(2006/C 212/68)

Language of the case: German

Parties

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

Defendant(s): Community Plant Variety Office (CPVO)

Form of order sought

—

Amendment of the decision by the Board of Appeal of the CPVO of 2 May 2006 (Az. 003/2004) so as to allow the applicant's appeal against the defendant's decision No R 446 and to grant plant variety right in respect of plant variety right application SUMCOL 01(No 2001/0905);

—

In the alternative, annulment of the decision by the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004) with a direction to the defendant to make a fresh decision on that application in the light of the judgment;

—

In the alternative, annulment of the decision of the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004);

—

The CPVO to pay the costs.

Pleas in law and main arguments

Community plant variety right at issue: SUMCOL 01 (Variety application No. 2001/0905).

Decision of the Committee: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Grounds: In particular, infringement of Article 62 in conjunction with Article 7 of Council Regulation (EC) No 2100/94 (1) through legal misassessment of the content; according to the applicant, the plant variety in respect of which application was made is eligible for protection because it has the necessary distinctiveness; Infringement of Article 76 of Regulation No 2100/94 on account of insufficient examination of the content, and of Article 75 of that regulation for infringement of the right to a fair hearing.

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

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