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Case T-445/16: Judgment of the General Court of 23 February 2018 — Schniga v CPVO (Gala Schnico) (Plant variety rights — Application for Community plant variety rights for the plant variety Gala Schnico — Technical examination — Obligation to state reasons — First sentence of Article 75 of Regulation (EC) No 2100/94 — Uniformity — Article 8 of Regulation No 2100/94 — Complementary examination — Article 57(3) of Regulation No 2100/94 — Equal treatment — Examination of the facts by the CPVO of its own motion — Article 76 of Regulation No 2100/94)
ECLI:EU:UNKNOWN:62016TA0445
62016TA0445
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Official Journal of the European Union
C 123/17
(Case T-445/16)(1)
((Plant variety rights - Application for Community plant variety rights for the plant variety Gala Schnico - Technical examination - Obligation to state reasons - First sentence of Article 75 of Regulation (EC) No 2100/94 - Uniformity - Article 8 of Regulation No 2100/94 - Complementary examination - Article 57(3) of Regulation No 2100/94 - Equal treatment - Examination of the facts by the CPVO of its own motion - Article 76 of Regulation No 2100/94))
(2018/C 123/22)
Language of the case: German
Parties
Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Community Plant Variety Office (CPVO) (represented by: M. Ekvad, F. Mattina and U. Braun-Mlodecka, acting as Agents, and by A. von Mühlendahl and H. Hartwig, lawyers)
Re:
Action brought against the decision of the Board of Appeal of the CPVO of 22 April 2016 (Case A 005/2014) concerning an application for a Community plant variety right in respect of the plant variety Gala Schnico.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Schniga GmbH to pay the costs.
(1)
OJ C 364, 3.10.2016.