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Case T-187/06: Order of the Court of First Instance of 19 November 2008 — Ralf Schräder v OHIM — (SUMCOL 01) (Community plant variety rights — Plant variety SUMCOL 01 — Rejection of the application for a Community plant variety right — Lack of distinctive character of the candidate variety)

ECLI:EU:UNKNOWN:62006TA0187

62006TA0187

January 1, 2006
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10.1.2009

EN

Official Journal of the European Union

C 6/21

(Case T-187/06)

(Community plant variety rights - Plant variety SUMCOL 01 - Rejection of the application for a Community plant variety right - Lack of distinctive character of the candidate variety)

(2009/C 6/43)

Language of the case: German

Parties

Applicant: Ralf Schräder (Lüdinghausen — Germany) (represented by: initially by T. Leidereiter, W.-A. Schmidt and I. Memmler, and later by T. Leidereiter and W.-A. Schmidt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Kiewiet and M. Ekvad, Agents, assisted by G. Schohe, lawyer)

Re:

ACTION against the decision of the Board of Appeal of the CPVO of 2 May 2006 (Case A 003/2004), concerning an application for Community plant variety rights in respect of the plant variety SOMCOL 01

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Ralf Schräder to pay the costs.

(<span class="super">1</span>) OJ C 212, 2.9.2006.

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