CELEX: 62008TN0135
Language: en
Date: 2008-04-04 00:00:00
Title: Case T-135/08: Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)

7.6.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/32
            
         Action brought on 4 April 2008 — Schniga v Community Plant Variety Office (CPVO) — Elaris and Brookfield New Zealand (Gala-Schnitzer)
   (Case T-135/08)
   (2008/C 142/59)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Schniga Srl (Bolzano, Italy) (represented by G. Würtenberger, lawyer and R. Kunze, Solicitor)
   
      Defendant: Community Plant Variety Office
   
      Other parties to the proceedings before the Board of Appeal: SNC Elaris (Angers, France) and Brookfield New Zealand Ltd (Havelock North, New Zealand)
   Form of order sought
   
               —
            
            
               Annul the Decision of the Board of Appeal of 21 November 2007 in cases A-003/2007 and A-004/2007; and
            
         
               —
            
            
               order CPVO to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for Community plant variety rights: Konsortium Südtiroler Baumschuler, following the transfer of the variety at issue, Schniga Srl (Application No 1999/0033)
   
      Community plant variety right sought for: Gala-Schnitzer
   
      Decision of the CPVO: Community plant variety right granted (Decisions No EU 18759, OBJ 06-021 and OBJ 06-022)
   
      Appeal before the Board of Appeal lodged by: SNC Elaris and Brookfield New Zealand Ltd
   
      Decision of the Board of Appeal: Annulment of the decision of the CPVO
   
      Pleas in law: Infringement of Article 59(3) of Council Regulation No 2100/94 (1) as the objections to the Community plant variety right do not comply with the said provision; the disputed decision is based on requirements to be fulfilled by the applicant beyond the legislative framework; the power and discretion of the President of CPVO have been wrongly assessed.
   
      (1)  Council Regulation (EC) No 2100/1994 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).