Action brought on 4 April 2008 - Schniga v Community Plant Variety Office (CPVO) - Elaris and Brookfield New Zealand (Gala-Schnitzer)

(Case T-135/08)

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 2100/94¹ 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.

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¹ - Council Regulation (EC) No 2100/1994 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).