Information;Judgment — ECLI:EU:T:2025:699
Date: 2025-07-09
Language of the case: Spanish
Court formation: Eighth Chamber
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Eighth Chamber) of 9 July 2025 – Seedless Gold International v CPVO – Ángel Teresa Hermanos (Queen) (Case T‑74/24) ( Plant varieties – Application for the entry in the Register of the transfer of the community plant variety right for the variety Queen – Duty of care ) 1. Action for annulment – Jurisdiction of the EU judicature – Claim for a declaratory judgment – Inadmissibility (Art. 263 TFEU) (see paragraph 19) 2. Agriculture – Uniform legislation – Protection of plant varieties – Appeals procedure – Action before the EU judicature – Procedural role of the Community Plant Variety Office – Right of the Office, although designated as the defendant, to support the applicant’s claims (Rules of Procedure of the General Court, Art. 172) (see paragraph 21) 3. Agriculture – Uniform legislation – Protection of plant varieties – Transfer – Entry of the transfer in the register – Power of the Community Plant Variety Office – Limits (Council Regulation No 2100/94, Art. 23(1) and (2); Commission Regulation No 874/2009, Arts 79(1) and 80) (see paragraphs 30-32) 4. Agriculture – Uniform legislation – Protection of plant varieties – Application to register a transfer of protection – Examination by the Community Plant Variety Office – Probative value of the evidence – Criteria for assessment (Council Regulation No 2100/94, Art. 23(2); Commission Regulation No 874/2009, Art. 79) (see paragraphs 33-36, 58, 59) 5. Action for annulment – Contested act – Assessment of legality in the light of the information available at the time of adoption of the measure (Art. 263 TFEU) (see paragraph 80) Operative part The Court: 1. Dismisses the action; 2. Orders Seedless Gold International, SL, the Community Plant Variety Office (CPVO) and Ángel Teresa Hermanos, SA, each to bear their own costs.