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(Case C-38/09 P) (<span class="super">1</span>)
(Appeal - The Court’s power of review - Regulations (EC) Nos 2100/94 and 1239/95 - Agriculture - Community plant variety rights - Distinctness of the candidate variety - Variety a matter of common knowledge - Proof - Plant variety SUMCOL 01)
2010/C 148/13
Language of the case: German
Appellant: Ralf Schräder (represented by: T. Leidereiter, Rechtsanwalt)
Other party to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and B. Kiewiet, acting as Agents, and by A. von Mühlendahl, Rechtsanwalt)
Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 19 November 2008 in Case T-187/06 Schräder v CPVO, by which that Court dismissed the action brought by the appellant against the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 2 May 2006 dismissing the appeal against the decision of the CPVO concerning the rejection of the application for Community plant variety rights in respect of the plant variety ‘SUMCOL 01’ — Distinctness of the candidate variety — Factors which can be taken into consideration in order to determine whether a variety is a matter of common knowledge — Incorrect assessment of the facts — Infringement of the right to be heard before a court
The Court:
1.Dismisses the appeal.
2.Orders Mr Schräder to pay the costs.
(<span class="super">1</span>) OJ C 82, 04.04.2009.
* Language of the case: German