# C_2008142EN.01003102.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 142/31 |
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7.6.2008

EN

Official Journal of the European Union

C 142/31

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Action brought on 3 April 2008 — Schräder v CPVO — Jørn Hansson (Lemon Symphony)

(Case T-133/08)

(2008/C 142/57)

Language in which the application was lodged: German

Parties

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

Applicant:

Defendant: Community Plant Variety Office

Defendant:

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

Other party to the proceedings before the Board of Appeal of CPVO:

Form of order sought

| — | Annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007) and declare the adaptation of the variety description for the plant variety Lemon Symphony null and void; |
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Annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007) and declare the adaptation of the variety description for the plant variety Lemon Symphony null and void;

| — | In the alternative, annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007); |
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In the alternative, annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007);

| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

Community plant variety right concerned: Lemon Symphony

Community plant variety right concerned:

Proprietor of the Community plant variety right: Jørn Hansson

Proprietor of the Community plant variety right:

Decision of the Board of Appeal of the Community Plant Variety Office which is being contested: Adaptation of a variety description in accordance with Article 87(4) of Council Regulation (EC) No 2100/94 (1)

Decision of the Board of Appeal of the Community Plant Variety Office which is being contested:

1

Appellant before the Board of Appeal: the Applicant

Appellant before the Board of Appeal:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law:

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

2

| — | Infringement of Article 75 of Regulation No 2100/94 inasmuch as the applicant was unable to present his comments orally or in writing on the absence of locus standi; |
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Infringement of Article 75 of Regulation No 2100/94 inasmuch as the applicant was unable to present his comments orally or in writing on the absence of locus standi;

locus standi

| — | Infringement of Article 71(1), in conjunction with Article 68, of Regulation No 2100/94, inasmuch as the decision challenged before the Board of Appeal is of direct and individual concern to the applicant; |
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Infringement of Article 71(1), in conjunction with Article 68, of Regulation No 2100/94, inasmuch as the decision challenged before the Board of Appeal is of direct and individual concern to the applicant;

| — | 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; |
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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. |
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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.

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

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).

2

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