Council Regulation (EC) No 2506/95 of 25 October 1995 amending Regulation (EC) No 2100/94 on Community plant variety rights

COUNCIL REGULATION (EC) No 2506/95 of 25 October  1995 amending Regulation (EC) No 2100/94 on Community plant variety rights
THE  COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof,
Having regard to the proposal from the Commission  (1),
Having regard to the opinion of the European Parliament  (2),
Having regard to the opinion of the Economic and Social Committee  (3),
Whereas Regulation (EC) No 2100/94  (4) creates a Community regime, co-existing with national  regimes, which allows for the grant of industrial property rights valid throughout the Community;
Whereas the implementation and application of the said Community regime are carried out by a  Community Office with legal personality, known as the 'Community Plant Variety Office`;
Whereas, considering the need to ensure coherence of the system of appeal procedures to the  Community jurisdiction in the different fields of industrial and commercial property, it is  appropriate to align the rules on actions which may be brought against decisions of the Community  Plant Variety Office or its Boards of Appeal established by Regulation (EC) No 2100/94 with those  provided for in Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark   (5);
Whereas, under Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court  of First Instance of the European Communities  (6), that Court shall exercise at the first instance  the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities -  with particular regard to appeals lodged under the fourth subparagraph of Article 173 of the EC  Treaty - and by the acts adopted in implementation thereof, save as otherwise provided in an act  setting up a body governed by Community law; whereas the jurisdiction which Regulation (EC) No  2100/94 confers on the Court of Justice to annul or to alter decisions of the Boards of Appeal and,  in specific cases, decisions of the Office shall accordingly be exercised at the first instance by  the Court mentioned above in accordance with the abovementioned Decision,