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Case C-426/24 P: Appeal brought on 14 June 2024 by Romagnoli Fratelli SpA against the judgment of the General Court (Third Chamber) delivered on 17 April 2024 in Case T-2/23, Romagnoli Fratelli v CPVO
ECLI:EU:UNKNOWN:62024CN0426
62024CN0426
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Official Journal of the European Union
C series
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C/2024/7153
9.12.2024
(Case C-426/24 P)
(C/2024/7153)
Language of the case: English
Parties
Appellant: Romagnoli Fratelli SpA (represented by: E. Truffo, avvocato, A. Iurato, avvocato)
Other party to the proceedings: Community Plant Variety Office (CPVO)
Form of order sought
The appellant claims that the Court should:
—set aside the contested judgment of the General Court,
—order CPVO to pay the costs of the first instance case as well as of this appeal procedure.
Pleas in law and main arguments
The appellant relies on six grounds of appeal:
1.Violation of the Rule of the Law.
2.Lack of evidence – probatio diabolica required to the PVP holder.
3.Force majeure and hardship due to the Covid-19 pandemic.
4.Excusable mistake
5.Missed or inaccurate interpretation of the facts and evidence submitted to the attention of the EU General Court, leading to a lack of consistency and coherency.
6.Infringement of Article 65 of Commission Regulation (EC) 874/2009 (1).
Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (recast) (OJ 2009, L 251, p. 3).
ELI: http://data.europa.eu/eli/C/2024/7153/oj
ISSN 1977-091X (electronic edition)
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