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Case C-534/10 P: Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH (Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material)
ECLI:EU:UNKNOWN:62010CA0534
62010CA0534
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16.2.2013
Official Journal of the European Union
C 46/2
(Case C-534/10 P) (<span class="super">1</span>)
(Appeal - Community plant variety rights - Regulation (EC) No 2100/94 - Article 73(2) - Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right - Discretion - Review by the General Court - Article 55(4) read in conjunction with Article 61(1)(b) - Right of the CPVO to make a new request for the submission of plant material)
2013/C 46/02
Language of the case: English
Parties
Appellants: Brookfield New Zealand Ltd, Elaris SNC (represented by: M. Eller, avvocato)
Other parties to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and M. Lightbourne, acting as Agents), Schniga GmbH, (represented by: G. Würtenberger, Rechtsanwalt)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 13 September 2010 in Case T-135/08 Schniga v CPVO — Elaris and Brookfield New Zealand, by which that Court annulled the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 annulling the decision granting Schniga GmbH a Community plant variety right for the ‘Gala Schnitzer’ apple variety and the decisions dismissing the objections lodged by SNC Elaris and by Brookfield New Zealand
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Brookfield New Zealand Ltd and Elaris SNC to pay the costs.
(<span class="super">1</span>) OJ C 38, 5.2.2011.