Judgment of the General Court of 17 April 2024 – Romagnoli Fratelli v CPVO (Melrose)
(Case T-2/23) 1
(Plant varieties – Grant of a Community plant variety right for the potato variety Melrose – Failure to pay the annual fee on time – Cancellation of right – Application for restitutio in integrum – Conditions for notification of decisions and communications of the CPVO)
Language of the case: English
Parties
Applicant: Romagnoli Fratelli SpA (Bologna, Italy) (represented by: E. Truffo and A. Iurato, lawyers)
Defendant: Community Plant Variety Office (represented by: M. García-Moncó Fuente and Á. Martínez López, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Community Plant Variety Office (CPVO) of 7 November 2022.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Romagnoli Fratelli SpA to pay the costs.
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1 OJ C 71, 27.2.2023.