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Case T-135/08: Judgment of the General Court of 13 September 2010 — Schniga v CPVO — Elaris and Brookfield New Zealand (Gala Schnitzer) (Plant varieties — Application for a Community plant variety right for the Gala Schnitzer apple variety — Technical examination — Discretion of the CPVO — Objections — Article 55(4) of Regulation (EC) No 2100/94)
ECLI:EU:UNKNOWN:62008TA0135
62008TA0135
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6.11.2010
Official Journal of the European Union
C 301/26
(Case T-135/08) (<span class="super">1</span>)
(Plant varieties - Application for a Community plant variety right for the Gala Schnitzer apple variety - Technical examination - Discretion of the CPVO - Objections - Article 55(4) of Regulation (EC) No 2100/94)
2010/C 301/42
Language of the case: English
Parties
Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Community Plant Variety Office (CPVO) (represented by: B. Kiewiet and M. Ekvad, Agents)
Other parties to the proceedings before the Board of Appeal of the CPVO, interveners before the General Court: Elaris SNC (Angers, France), and Brookfield New Zealand Ltd (Havelock North, New Zealand) (represented by: M. Eller, lawyer)
Re:
ACTION against the decision of the Board of Appeal of the CPVO of 21 November 2007 (Cases A 003/2007 and A 004/2007), concerning the grant of a Community plant variety right for the Gala Schnitzer plant variety.
Operative part of the judgment
The Court
1.Annuls the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 (Cases A 003/2007 and A 004/2007);
2.Orders the CPVO to bear its own costs and to pay those incurred by Schniga GmbH;
3.Orders Elaris SNC and Brookfield New Zealand Ltd to bear their own costs.
(<span class="super">1</span>) OJ C 142, 7.6.2008.