Order — ECLI:EU:T:2013:585
Date: 2013-10-21
Language of the case: English
Court formation: Third Chamber
Subject matter: Agriculture and Fisheries;Intellectual, industrial and commercial property;Plant varieties
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Reference to the annexes as a whole — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 22) 4. Actions for annulment — Pleas in law — Lack of competence of the institution which adopted the contested measure — To be considered of the Court’s own motion (Art. 263 TFEU) (see para. 28) 5. Agriculture — Uniform legislation — Protection of plant varieties — Decision to grant or refuse protection — Appeals procedure — Competence of the CPVO and its Boards of Appeal — Scope — Determination of the status of the applicant for protection of plant varieties — Included — Review by the General Court of the assessment of the evidence in that regard made by the Office (Council Regulation No 2100/94, Arts 11, 50, 53, 54 and 76) (see paras 36-38) 6. Agriculture — Uniform legislation — Protection of plant varieties — Decision to grant or refuse protection — Appeals procedure — Probative value of the evidence — Criteria for assessment (Council Regulation No 2100/94, Art. 78(1)(g)) (see para. 49) 7. Agriculture — Uniform legislation — Protection of plant varieties — Decisions of the CPVO or its Boards of Appeal — Judicial review — Scope — Annulment or variation for reasons appearing after judgment was delivered — Exclusion — Modification of the terms of the dispute as brought before the Office or its Boards of Appeal — Not permissible (Council Regulation No 2100/94, Art. 73) (see paras 58-60) Re: ACTION brought against the decision of the Board of Appeal of the CPVO of 4 May 2011 (Case A 7/2010), concerning the grant of a Community plant variety right for the plant variety SOUTHERN SPLENDOUR. Operative part 1. The action is dismissed. 2. Lyder Enterprises Ltd is ordered to pay the costs.