CELEX: 62015CA0625
Language: en
Date: 2017-06-08 00:00:00
Title: Case C-625/15 P: Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC (Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles)

31.7.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 249/7
            
         Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC
   (Case C-625/15 P) (1)
   
   ((Appeal - Community plant variety rights - Application for a Community plant variety right - Apple variety ‘Gala Schnitzer’ - Technical examination - Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) - Regulation (EC) No 1239/95 - Article 23(1) - Powers of the President of the CPVO - Addition of a distinctive characteristic on completion of the technical examination - Stability of the characteristic during two growing cycles))
   (2017/C 249/09)
   Language of the case: English
   
      Parties
   
   
      Appellant: Schniga GmbH (represented by: R. Kunze and G. Würtenberger, Rechtsanwälte)
   
      Other parties to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and F. Mattina, acting as Agents), Brookfield New Zealand Ltd, Elaris SNC (represented by: M. Eller, avvocato)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the General Court of the European Union of 10 September 2015, Schniga v CPVO — Brookfield New Zealand and Elaris (Gala Schnitzer) (T-91/14 and T-92/14, not published, EU:T:2015:624);
            
         
               2.
            
            
               Annuls the decisions of the Board of Appeal of the Community Plant Variety Office (CPVO) of 20 September 2013 relating to the grant of a Community plant variety right for the Gala Schnitzer apple variety (Cases A 003/2007 and A 004/2007);
            
         
               3.
            
            
               Orders the Community Plant Variety Office to bear its own costs and to pay those incurred by Schniga GmbH;
            
         
               4.
            
            
               Orders Brookfield New Zealand Ltd and Elaris SNC to bear their own costs.
            
         
      (1)  OJ C 27, 25.1.2016.