Case T-134/08: Action brought on 4 April 2008 — Schräder v CPVO — Jørn Hansson (Lemon Symphony)
Date: 2008-04-04
Institutions: Court of First Instance
Subjects: Community Plant Variety Office, action for annulment (EU), citrus fruit, designation of origin, infringement of EU law

C 142/32

EN

Official Journal of the European Union

7.6.2008

— Infringement of Article 71(1),

in conjunction with
Article 68, of Regulation No 2100/94, inasmuch as the deci-
sion 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;

— Infringement of Article 48 of Regulation No 2100/94 inas-
much as a member of the Board of Appeal allegedly had an
interest in the proceedings.

(1) Council Regulation (EC) No 2100/94 of 27 July 1994 on Com-

munity plant variety rights (OJ 1994 L 227, p. 1).

(2) Commission Regulation (EC) No 1239/95 of 31 May 1995 estab-
lishing 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).

Action brought on 4 April 2008 — Schräder v CPVO —
Jørn Hansson (Lemon Symphony)

(Case T-134/08)

(2008/C 142/58)

Language in which the application was lodged: German

Parties

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

Defendant: Community Plant Variety Office

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

Form of order sought

— Annul the decision of the Board of Appeal of CPVO of

4 December 2007 (Case A 006/2007);

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law:

— Infringement of Article 59(2) of Commission Regulation
inasmuch as the applicant was not

(EC) No 1239/95 (2)
summoned to the hearing in due form;

— Infringement of Article 71(1),

in conjunction with Arti-
cles 21, 67 and 68, of Regulation No 2100/94 inasmuch as
the grounds of appeal were not considered or not adequately
considered;

— 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 inas-
much as a member of the Board of Appeal allegedly had an
interest in the proceedings.

(1) Council Regulation (EC) No 2100/94 of 27 July 1994 on Com-

munity plant variety rights (OJ 1994 L 227, p. 1).

(2) Commission Regulation (EC) No 1239/95 of 31 May 1995 estab-
lishing 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).

Action brought on 4 April 2008 — Schniga v Community
Plant Variety Office (CPVO) — Elaris and Brookfield New
Zealand (Gala-Schnitzer)

(Case T-135/08)

(2008/C 142/59)

Language in which the application was lodged: English

Parties

Applicant: Schniga Srl
Würtenberger, lawyer and R. Kunze, Solicitor)

(Bolzano,

Italy)

(represented by G.

— Order the defendant to pay the costs.

Defendant: Community Plant Variety Office

Pleas in law and main arguments

Community plant variety right concerned: Lemon Symphony

Proprietor of the Community plant variety right: Jørn Hansson

Decision of the Board of Appeal of the Community Plant Variety
Office which is being contested: Failure to cancel the Community
plant variety right for Lemon Symphony in accordance with
Article 21 of Council Regulation (EC) No 2100/94 (1)

Other parties to the proceedings before the Board of Appeal: SNC
Elaris
(Angers, France) and Brookfield New Zealand Ltd
(Havelock North, New Zealand)

Form of order sought

— Annul the Decision of the Board of Appeal of 21 November

2007 in cases A-003/2007 and A-004/2007; and

Appellant before the Board of Appeal: the Applicant

— order CPVO to pay the costs.