Order of the General Court of 21 October 2013 – Lyder Enterprises v CPVO – Liner Plants (1993) (SOUTHERN SPLENDOUR)
(Case T-367/11) 1
(Plant varieties – Application for a Community plant variety right for the plant variety SOUTHERN SPLENDOUR – Objections – Rejection of the application by the Board of Appeal of the CPVO – Competence of the CPVO – Taking of evidence – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Language of the case: English
Parties
Applicant: Lyder Enterprises Ltd (Auckland, New Zealand) (represented by: G.J. Pickering, Solicitor)
Defendant: Community Plant Variety Office (CPVO) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Other party to the proceedings before the Board of Appeal of the CPVO, intervener before the General Court: Liner Plants (1993) Ltd (Waitakere, New Zealand) (represented by: P.S. Jonker, lawyer)
Re:
Action brought against the decision of the Board of Appeal of the CPVO of 4 May 2011 (Case A 7/2010), concerning the grant of a Community plant variety right for the plant variety SOUTHERN SPLENDOUR
Operative part of the order
1. The action is dismissed.
2. Lyder Enterprises Ltd shall pay the costs.
____________1 OJ C 282, 24.9.2011.