Action brought on 3 April 2008 - Schräder v CPVO -Jørn Hansson
(Lemon Symphony)
(Case T-133/08)
Language in which the application was lodged: German
Parties
Applicant: Ralf Schräder (Lüdinghausen, Germany) (represented by: T. Leidereiter and W.-A. Schmidt, lawyers)
Defendant: Community Plant Variety Office
Other party to the proceedings before the Board of Appeal of CPVO: Jørn Hansson (Søndersø, Denmark)
Form of order sought
Annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007) and declare the adaptation of the variety description for the plant variety Lemon Symphony null and void;
In the alternative, annul the decision of the Board of Appeal of CPVO of 4 December 2007 (Case A 007/2007);
Order the defendant to pay the costs.
Pleas in law and main arguments
Community plant variety right concerned: Lemon Symphony
Proprietor of the Community plant variety right: Jørn Hansson
Decision of the Board of Appeal of the Community Plant Variety Office which is being contested: Adaptation of a variety description in accordance with Article 87(4) of Council Regulation (EC) No 2100/94
1 Appellant before the Board of Appeal: the Applicant
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
- Infringement of Article 59(2) of Regulation (EC) No 1239/95
2 inasmuch as the applicant was not summoned to the hearing in due form;
- Infringement of Article 75 of Regulation No 2100/94 inasmuch as the applicant was unable to present his comments orally or in writing on the absence of locus standi;
- Infringement of Article 71(1), in conjunction with Article 68, of Regulation No 2100/94, inasmuch as the decision challenged before the Board of Appeal is of direct and individual concern to the applicant;
- Infringement of Article 73 of Regulation No 2100/94 and Article 230 EC inasmuch as the applicant's right to judicial review of administrative action has been infringed;
- Infringement of Article 48 of Regulation No 2100/94 inasmuch as a member of the Board of Appeal allegedly had an interest in the proceedings.
____________1 - Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).2 - Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (OJ 1995 L 121, p. 37).