Source: EURLEX
Language: en
Format: md

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| 8.6.2015 | EN | Official Journal of the European Union | C 190/17 |

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Action brought on 24 March 2015 — Aurora v CPVO — SES-VanderHave (M 02205)

(Case T-140/15)

(2015/C 190/21)

Language in which the application was lodged: English

Parties

Applicant: Aurora Srl (Finale Emilia, Italy) (represented by: L. Buchman, lawyer)

Defendant: Community Plant Variety Office (CPVO)

Other party to the proceedings before the Board of Appeal: SES-VanderHave NV/SA (Tienen, Belgium)

Details of the proceedings before CPVO

Proprietor of the Community plant variety right at issue: Other party to the proceedings before the Board of Appeal

Community plant variety right at issue: Community Plant Variety Right No EU 15118, variety denomination M 02205

Contested decision: Decision of the Board of Appeal of CPVO of 26 November 2014 in Case A10/2013

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | declare that CPVR No EU 15118 is null and void; |

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| — | order CPVO to pay the costs, including the cost of any intervening parties. |

Pleas in law

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| — | Infringement of Articles 6 and 7 of Regulation No 2100/94; |

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| — | Misinterpretation of Article 87(4) of Regulation No 2100/94; |

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| — | Infringement of the principle of legal certainty insofar as the conditions of the granted CPVR were retrospectively changed; |

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| — | Infringement, to a certain extent, of the principle of legitimate expectation; |

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| — | Infringement of the principle of transparency and of the right of public access to documents insofar as the Examination process was not carried out in a transparent manner as the Applicant did not have access to fundamental documents. |

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