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Case T-92/14: Action brought on 10 February 2014 — Schniga v CPVO — Elaris (Gala Schnitzer)
ECLI:EU:UNKNOWN:62014TN0092
62014TN0092
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19.5.2014
EN
Official Journal of the European Union
C 151/21
(Case T-92/14)
2014/C 151/28
Language in which the application was lodged: English
Parties
Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Community Plant Variety Office (CPVO)
Other party to the proceedings before the Board of Appeal: Elaris SNC (Angers, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision dated 20 September 2013 of the Board of Appeal of the Community Plant Variety Office in Case A 003/2007;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community plant variety right: The applicant
Community plant variety right concerned: Gala Schnitzer — Community Plant Variety Right No. EU 18759
Decision of the Committee of the CPVO: Upheld the Community plant variety right
Decision of the Board of Appeal: Found the appeal well founded and annulled the contested decision
Pleas in law: Infringement of Articles 61 (1) (b), 55 (4), 59 (3) and 62 of the Council Regulation No. 2100/94.