Action brought on 13 February 2024 – Seedless Gold International v CPVO – Ángel Teresa Hermanos (Queen)

(Case T-74/24)

Language in which the application was lodged: Spanish

Parties

Applicant: Seedless Gold International, SL (Pilar de la Horadada, Spain) (represented by: P.M. Porcel Sánchez, lawyer)

Defendant: Community Plant Variety Office

Other party to the proceedings before the Board of Appeal: Ángel Teresa Hermanos, SA (Pilar de la Horadada, Spain)

Details of the proceedings before CPVO

Proprietor of the Community plant variety right at issue: Other party to the proceedings before the Board of Appeal

Community plant variety right at issue: Community plant variety right No EU 33910 – variety denomination: Queen – species: Citrus reticulata blanco

Proceedings before CPVO: Transfer proceedings

Contested decision: Decision of the Board of Appeal of CPVO of 13 December 2023 in Case A001/2022

Form of order sought

The applicant claims that the General Court should annul the contested decision in its entirety and, consequently, rule that the company Seedless Gold International, SL remains the proprietor of the ‘Queen’ mandarin variety protected under right No 339610 since it is the proprietor registered on the basis of the act of transfer and disposal of rights in question.

Pleas in law

Incorrect application of the documentary evidence submitted in relation to the application of Article 23 of Council Regulation (EC) No 2100/1994 and Article 79 of Commission Regulation (EC) No 874/2009;

Imposition of additional requirements for the validation of the document relating to the disposal of rights, in the light of Articles 50(1)(a), 73(4), 79, 80(1)(a) and (d), 87(1)(a) and (2)(d), and 89 of Commission Regulation (EC) No 847/2009, and Articles 12 and 23 of Council Regulation (EC) No 2100/94

Error of assessment of the evidence submitted to the Board of Appeal of CPVO;

Conclusion of the criminal proceedings and lack of sufficient evidence of criminal activity by Seedless Gold International S.L. and its representative before CPVO.

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