Source: EURLEX
Language: en
Format: md

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| 9.4.2018 | EN | Official Journal of the European Union | C 123/17 |

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Judgment of the General Court of 23 February 2018 — Schniga v CPVO (Gala Schnico)

(Case T-445/16)[(1)](#ntr1-C_2018123EN.01001701-E0001)

((Plant variety rights - Application for Community plant variety rights for the plant variety Gala Schnico - Technical examination - Obligation to state reasons - First sentence of Article 75 of Regulation (EC) No 2100/94 - Uniformity - Article 8 of Regulation No 2100/94 - Complementary examination - Article 57(3) of Regulation No 2100/94 - Equal treatment - Examination of the facts by the CPVO of its own motion - Article 76 of Regulation No 2100/94))

(2018/C 123/22)

Language of the case: German

Parties

Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Community Plant Variety Office (CPVO) (represented by: M. Ekvad, F. Mattina and U. Braun-Mlodecka, acting as Agents, and by A. von Mühlendahl and H. Hartwig, lawyers)

Re:

Action brought against the decision of the Board of Appeal of the CPVO of 22 April 2016 (Case A 005/2014) concerning an application for a Community plant variety right in respect of the plant variety Gala Schnico.

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Schniga GmbH to pay the costs. |

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