Action brought on 5 January 2023 – Romagnoli Fratelli v CPVO

(Case T-2/23)

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 (CPVO)

Details of the proceedings before CPVO

Community Plant Variety at issue: Variety Melrose – Community Plant Variety Right No EU 31618

Contested decision: Restitutio in Integrum Decision of the Community Plant Variety Office (CPVO) of 7th November 2022 in file No 2009/240

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order CPVO to pay the costs.

Pleas in law

Force majeure and hardship due to the Covid-19 pandemic;

Excusable error;

Missed or inaccurate interpretation of evidence; and

Infringement of Article 65 of Commission Regulation (EC) 874/2009.

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