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C series
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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
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)
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).
The Court:
1.Dismisses the action;
2.Orders Eurosemillas, SA to pay the costs.
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Language of the case: Spanish.
ELI: http://data.europa.eu/eli/C/2024/6257/oj
ISSN 1977-091X (electronic edition)
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