Action brought on 18 July 2006 - Ralf Schräder v Community Plant Variety Office

(Case T-187/06)

Language of the case: German

Parties

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

Defendant(s): Community Plant Variety Office (CPVO)

Form of order sought

Amendment of the decision by the Board of Appeal of the CPVO of 2 May 2006 (Az. 003/2004) so as to allow the applicant's appeal against the defendant's decision No R 446 and to grant plant variety right in respect of plant variety right application SUMCOL 01(No 2001/0905);

In the alternative, annulment of the decision by the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004) with a direction to the defendant to make a fresh decision on that application in the light of the judgment;

In the alternative, annulment of the decision of the defendant's Board of Appeal of 2 May 2006 (Az. A003/2004);

The CPVO to pay the costs.

Pleas in law and main arguments

Community plant variety right at issue: SUMCOL 01 (Variety application No. 2001/0905).

Decision of the Committee: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Grounds: In particular, infringement of Article 62 in conjunction with Article 7 of Council Regulation (EC) No 2100/94 ¹ through legal misassessment of the content; according to the applicant, the plant variety in respect of which application was made is eligible for protection because it has the necessary distinctiveness; Infringement of Article 76 of Regulation No 2100/94 on account of insufficient examination of the content, and of Article 75 of that regulation for infringement of the right to a fair hearing.

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¹ - Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).