Language of document :

Order of the Court of First Instance of 19 November 2008 - Ralf Schräder v OHIM - (SUMCOL 01)

(Case T-187/06) 1

(Community plant variety rights - Plant variety SUMCOL 01 - Rejection of the application for a Community plant variety right - Lack of distinctive character of the candidate variety)

Language of the case: German

Parties

Applicant: Ralf Schräder (Lüdinghausen - Germany) (represented by: initially by T. Leidereiter, W.-A. Schmidt and I. Memmler, and later by T. Leidereiter and W.-A. Schmidt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Kiewiet and M. Ekvad, Agents, assisted by G. Schohe, lawyer)

Re:

ACTION against the decision of the Board of Appeal of the CPVO of 2 May 2006 (Case A 003/2004), concerning an application for Community plant variety rights in respect of the plant variety SOMCOL 01

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Mr Ralf Schräder to pay the costs.

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1 - OJ C 212, 2.9.2006.