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Case T-405/16: Action brought on 29 July 2016 — The Regents of the University of California v CPVO — Nador Cott Protection and CVVP (Tang Gold)
ECLI:EU:UNKNOWN:62016TN0405
62016TN0405
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Official Journal of the European Union
C 14/36
(Case T-405/16)
(2017/C 014/44)
Language in which the application was lodged: Spanish
Parties
Applicant: The Regents of the University of California (Riverside, California, United States of America) (represented by: J. Muñoz-Delgado Mérida, S. Poza Martínez, M. Esteve Sanz y J. Lissen Arbeloa, abogados)
Defendant: Community Plant Variety Office (CPVO)
Other party to the proceedings before the Board of Appeal: Nador Cott Protection SARL (Saint-Raphaël, France) and Club de Variedades Vegetales Protegidas (Valencia, Spain)
Details of the proceedings before CPVO
Proprietor of the plant variety right at issue: Applicant
Community Plant variety right at issue: Community Plant Variety Right No EU 38924, variety denomination: Tang Gold, species: Citrus reticulata Bianco
Contested decision: Decision of the Board of Appeal of CPVO of 29 April 2016 in Case A006/2014
Form of order sought
The applicant claims that the Court should:
—Confer on the variety Nadorcott, with regard to characteristic No 68 of Protocol CPVO-TP 201/2, the level of expression ‘very high’ with a mark of 9 or, in the alternative, the level of expression ‘high’ with a mark of 7, entering that classification on the Report on the Differences with Similar Varieties, which form part of the official description of the variety Tang Gold;
—Recognise the existence of manifest differences between the varieties Tang Gold and Nardocott as regards characteristics Nos 5, 6, 14, 15, 16, 37, 50, 60 and 65 of Protocol CPVO-TP 201/2, by making a declaration to that effect and granting the amendment of the Report on the Differences with Similar Varieties, which forms part of the official description of the variety Tang Gold, in such a way as to include those differences in the report.
Pleas in law
—Infringement of Articles 57, 62, 67, 75 and 81 of Regulation No 2100/94.
—Infringement of Article 49 of Regulation No 874/09.
—Misinterpretation of the Report of the IVIA entitled ‘Extent of the reduction of the seed content through induced mutagenesis’.
—Characteristic No 68 does not depend on environmental conditions.
—The data provided by UCR on the number of seeds contained in the Nadorcott variety is comparable.