CELEX: 62009CA0038
Language: en
Date: 2010-04-15 00:00:00
Title: Case C-38/09 P: Judgment of the Court (Second Chamber) of 15 April 2010 — Ralf Schräder v Community Plant Variety Office (CPVO) (Appeal — The Court’s power of review — Regulations (EC) Nos 2100/94 and 1239/95 — Agriculture — Community plant variety rights — Distinctness of the candidate variety — Variety a matter of common knowledge — Proof — Plant variety SUMCOL 01)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/9
            
         Judgment of the Court (Second Chamber) of 15 April 2010 — Ralf Schräder v Community Plant Variety Office (CPVO)
   (Case C-38/09 P) (1)
   
   (Appeal - The Court’s power of review - Regulations (EC) Nos 2100/94 and 1239/95 - Agriculture - Community plant variety rights - Distinctness of the candidate variety - Variety a matter of common knowledge - Proof - Plant variety SUMCOL 01)
   2010/C 148/13
   Language of the case: German
   
      Parties
   
   
      Appellant: Ralf Schräder (represented by: T. Leidereiter, Rechtsanwalt)
   
      Other party to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and B. Kiewiet, acting as Agents, and by A. von Mühlendahl, Rechtsanwalt)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 19 November 2008 in Case T-187/06 Schräder v CPVO, by which that Court dismissed the action brought by the appellant against the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 2 May 2006 dismissing the appeal against the decision of the CPVO concerning the rejection of the application for Community plant variety rights in respect of the plant variety ‘SUMCOL 01’ — Distinctness of the candidate variety — Factors which can be taken into consideration in order to determine whether a variety is a matter of common knowledge — Incorrect assessment of the facts — Infringement of the right to be heard before a court
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal.
            
         
               2.
            
            
               Orders Mr Schräder to pay the costs.
            
         
      (1)  OJ C 82, 04.04.2009.