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Case T-367/11: Order of the General Court of 21 October 2013 — Lyder Enterprises v CPVO — Liner Plants (1993) (SOUTHERN SPLENDOUR) (Plant varieties — Application for a Community plant variety right for the plant variety SOUTHERN SPLENDOUR — Objections — Rejection of the application by the Board of Appeal of the CPVO — Competence of the CPVO — Taking of evidence — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62011TB0367
62011TB0367
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Official Journal of the European Union
C 359/11
(Case T-367/11)( <span class="super">1</span> )
(Plant varieties - Application for a Community plant variety right for the plant variety SOUTHERN SPLENDOUR - Objections - Rejection of the application by the Board of Appeal of the CPVO - Competence of the CPVO - Taking of evidence - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2013/C 359/20
Language of the case: English
Parties
Applicant: Lyder Enterprises Ltd (Auckland, New Zealand) (represented by: G.J. Pickering, Solicitor)
Defendant: Community Plant Variety Office (CPVO) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Other party to the proceedings before the Board of Appeal of the CPVO, intervener before the General Court: Liner Plants (1993) Ltd (Waitakere, New Zealand) (represented by: P.S. Jonker, lawyer)
Re:
Action brought against the decision of the Board of Appeal of the CPVO of 4 May 2011 (Case A 7/2010), concerning the grant of a Community plant variety right for the plant variety SOUTHERN SPLENDOUR
Operative part of the order
1.The action is dismissed.
2.Lyder Enterprises Ltd shall pay the costs.
(<span class="super">1</span>) OJ C 282, 24.9.2011.