Action brought on 10 February 2014 – Schniga v CPVO – Elaris (Gala Schnitzer)

(Case T-92/14)

Language in which the application was lodged: English

Parties

Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Community Plant Variety Office (CPVO)

Other party to the proceedings before the Board of Appeal: Elaris SNC (Angers, France)

Form of order sought

The applicant claims that the Court should:

Annul the decision dated 20 September 2013 of the Board of Appeal of the Community Plant Variety Office in Case A 003/2007;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community plant variety right: The applicant

Community plant variety right concerned: Gala Schnitzer – Community Plant Variety Right No. EU 18759

Decision of the Committee of the CPVO: Upheld the Community plant variety right

Decision of the Board of Appeal: Found the appeal well founded and annulled the contested decision

Pleas in law: Infringement of Articles 61 (1) (b), 55 (4), 59 (3) and 62 of the Council Regulation No. 2100/94.