Order of the General Court of 18 September 2012 — Schräder v CPVO — Hansson (LEMON SYMPHONY)

(Joined Case T-133/08, T-134/08, T-177/08 and T-242/09) (1)

(Plant varieties - Decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY - Application for revocation of the Community plant variety right granted for the variety LEMON SYMPHONY - Application for annulment of the Community plant variety right granted for the variety LEMON SYMPHONY - Application for a Community plant variety right for the variety SUMOST 01 - Summons to attend oral proceedings before the Board of Appeal of the CPVO - Period of notice to attend of at least one month)

(2012/C 331/27)

Language of the case: German

Parties

Applicant: Ralf Schräder (Lüdinghausen, Germany) (represented by: T. Leidereiter and W.-A. Schmidt and, in Cases T-133/08 and T-134/08, by T. Henssler, lawyers)

Defendant: Community Plant Variety Office (CPVO) (represented: initially by B. Kiewiet and M. Ekvad, and subsequently by M. Ekvad, acting as Agents, assisted by A. von Mühlendahl, lawyer, and, in Case T-242/09, by A. von Mühlendahl and H. Hartwig, lawyers)

Other party to the proceedings before the Board of Appeal of the CPVO, intervener before the General Court: Jørn Hansson (Søndersø, Denmark) (represented by: G. Würtenberger and R. Kunze, lawyers)

Re:

In Case T-133/08, action brought against the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 007/2007) concerning a challenge to the decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY in the Register of Community Plant Variety Rights; in Case T-134/08, action brought against the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 006/2007) concerning an application for cancellation of the Community plant variety right granted for the variety LEMON SYMPHONY; in Case T-177/08, action brought against the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 005/2007) concerning an application for a Community plant variety right for the variety SUMOST 01, and, in Case T-242/09, action brought against the decision of the Board of Appeal of the CPVO of 23 January 2009 (Case A 010/2007), concerning an application for cancellation of the Community plant variety right granted for the variety LEMON SYMPHONY.

Operative part of the order

The Court hereby:

1. Dismisses the action brought against the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 23 January 2009 (Case A 010/2007) concerning an application for annulment of the Community plant variety right granted for the variety LEMON SYMPHONY;

2. Sets aside the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 007/2007) concerning a challenge to the decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY in the Register of Community Plant Variety Rights;

3. Dismisses the remainder of the action brought against that decision;

4. Sets aside the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 006/2007) concerning an application for revocation of the Community plant variety right granted for the variety LEMON SYMPHONY;

5. Sets aside the decision of the Board of Appeal of the CPVO of 4 December 2007 (Case A 005/2007) concerning an application for the grant of a Community plant variety right for the variety SUMOST 01;

6. Orders each party to bear its own respective costs.

(1) OJ C 142, 7.6.2008.