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Case T-278/19: Order of the General Court of 13 March 2020 — Aurora v CPVO — SESVanderhave (M 02205) (Action for annulment — Plant varieties — Nullity proceedings — Sugar beet variety M 02205 — Decision to remit the case to the competent body of the CPVO for further action — Article 72 of Regulation (EC) No 2100/94 — No interest in bringing proceedings — Power to alter decisions — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62019TB0278

62019TB0278

March 13, 2020
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6.7.2020

Official Journal of the European Union

C 222/24

(Case T-278/19) (*)

(Action for annulment - Plant varieties - Nullity proceedings - Sugar beet variety M 02205 - Decision to remit the case to the competent body of the CPVO for further action - Article 72 of Regulation (EC) No 2100/94 - No interest in bringing proceedings - Power to alter decisions - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

(2020/C 222/26)

Language of the case: English

Parties

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

Defendant: Community Plant Variety Office (represented by: M. Ekvad, F. Mattina, M. Garcia Monco-Fuente and A. Weitz, acting as Agents)

Other party to the proceedings before the Board of Appeal of the CPVO, intervener before the General Court: SESVanderhave NV (Tienen, Belgium) (represented by: P. de Jong, lawyer)

Re:

Action brought against the decision of the Board of Appeal of the CPVO of 27 February 2019 (Case A 10/2013 RENV), concerning nullity proceedings between Aurora and SESVanderhave.

Operative part of the order

1.The action is dismissed.

2.Aurora Srl, the Community Plant Variety Office (CPVO) and SESVanderhave NV shall bear their own costs.

(*) Language of the case: English.

(1) OJ C 213, 24.6.2019.

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