CELEX: C2006/212/68
Language: en
Date: 2006-09-02 00:00:00
Title: Case T-187/06: Action brought on 18 July 2006 — Ralf Schräder v Community Plant Variety Office

2.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/39
            
         Action brought on 18 July 2006 — Ralf Schräder v Community Plant Variety Office
   (Case T-187/06)
   (2006/C 212/68)
   Language of the case: German
   Parties
   
      Applicant(s): Ralf Schräder (Lüdinghausen, Germany) (represented by: T, Leidereiter, W.-A. Schmidt and I. Memmler, lawyers)
   
      Defendant(s): Community Plant Variety Office (CPVO)
   Form of order sought
   
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               Amendment of the decision by the Board of Appeal of the CPVO of 2 May 2006 (Az. 003/2004) so as to allow the applicant's appeal against the defendant's decision No R 446 and to grant plant variety right in respect of plant variety right application SUMCOL 01(No 2001/0905);
            
         
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               In the alternative, annulment of the decision by the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004) with a direction to the defendant to make a fresh decision on that application in the light of the judgment;
            
         
               —
            
            
               In the alternative, annulment of the decision of the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004);
            
         
               —
            
            
               The CPVO to pay the costs.
            
         Pleas in law and main arguments
   
      Community plant variety right at issue: SUMCOL 01 (Variety application No. 2001/0905).
   
      Decision of the Committee: Rejection of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Grounds: In particular, infringement of Article 62 in conjunction with Article 7 of Council Regulation (EC) No 2100/94 (1) through legal misassessment of the content; according to the applicant, the plant variety in respect of which application was made is eligible for protection because it has the necessary distinctiveness; Infringement of Article 76 of Regulation No 2100/94 on account of insufficient examination of the content, and of Article 75 of that regulation for infringement of the right to a fair hearing.
   
      (1)  Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).