24.6.2019

EN

Official Journal of the European Union

C 213/71

(Case T-278/19)

(2019/C 213/69)

Language of the case: English

Parties

Applicant: Aurora Srl (Padova, Italy) (represented by: L.-B. Buchman, lawyer)

Defendant: Community Plant Variety Office (CPVO)

Other party to the proceedings before the Board of Appeal: SESVanderhave NV (Tienen, Belgium)

Details of the proceedings before CPVO

Proprietor of the Community plant variety right at issue: Other party to the proceedings before the Board of Appeal

Community plant variety right at issue: Community Plant Variety Right No. EU 15118, sugar beet variety M 02205

Procedure before CPVO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Board of Appeal of CPVO of 27 February 2019 in Case R A010/2013-RENV

Form of order sought

The applicant claims that the Court should:

—declare that the contested decision misapplied the judgment of the General Court (Fifth Chamber) of 23 November 2017 in case T-140/15;

—alter the contested decision, reverse CPVO Decision NN010 of 23 September 2013 and validate the challenge to the validity of CPVR No. EU 15118 raised by the applicant on 28 August 2012;

and as a consequence:

—declare that CPVR No. EU 15118 is ab initio null and void;

—order the defendant to pay the applicant’s costs pursuant to Article 87 of the Rules of Procedure of the General Court, including the costs of any intervening parties.

Pleas in law

—Violation of the principles of legal certainty and legitimate expectations;

—Dereliction of duty and denial of justice.