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Case T-145/23: Judgment of the General Court of 11 September 2024 – Eurosemillas v CPVO – Nador Cott Protection and Carpa Dorada (Nadorcott) (New varieties of plants – Community plant variety rights for the mandarin variety Nadorcott – Nullity proceedings – Burden of proof – Examination of the facts by the CPVO of its own motion)

ECLI:EU:UNKNOWN:62023TA0145

62023TA0145

September 11, 2024
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Official Journal of the European Union

C series

C/2024/6257

28.10.2024

(Case T-145/23)

(New varieties of plants - Community plant variety rights for the mandarin variety ‘Nadorcott’ - Nullity proceedings - Burden of proof - Examination of the facts by the CPVO of its own motion)

(C/2024/6257)

Language of the case: Spanish

Parties

Applicant: Eurosemillas, SA (Cordoba, Spain) (represented by: J. Muñoz-Delgado y Mérida and M. Esteve Sanz, lawyers)

Defendant: Community Plant Variety Office (represented by: F. Mattina, M. García-Moncó Fuente and Á. Martínez López, acting as Agents)

Other parties to the proceedings before the Board of Appeal of the CPVO, intervener before the General Court: Nador Cott Protection SAS (Courbevoie, France) (represented by: I. Pi Amorós, Á. Seijo Bar and J. Martínez Gimeno, lawyers), Carpa Dorada, SL (Almazora, Spain) (represented by: I. Pérez-Cabrero Ferrández, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 2 January 2023 (Case A002/2020).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Eurosemillas, SA to pay the costs.

Language of the case: Spanish.

ELI: http://data.europa.eu/eli/C/2024/6257/oj

ISSN 1977-091X (electronic edition)

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