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Case T-177/16: Judgment of the General Court of 5 February 2019 — Mema v CPVO (Braeburn 78 (11078)) (New varieties of plants — Application for a Community plant variety right for the plant variety Braeburn 78 (11078) — Designation of another examination office — Scope of the examination to be carried out by the Board of Appeal — Obligation to state reasons)
ECLI:EU:UNKNOWN:62016TA0177
62016TA0177
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18.3.2019
Official Journal of the European Union
C 103/22
(Case T-177/16) (*)
((New varieties of plants - Application for a Community plant variety right for the plant variety Braeburn 78 (11078) - Designation of another examination office - Scope of the examination to be carried out by the Board of Appeal - Obligation to state reasons))
(2019/C 103/27)
Language of the case: German.
Parties
Applicant: Mema GmbH LG (Terlan, Italy) (represented by B. Breitinger and S. Kirschstein-Freund, lawyers)
Defendant: Community Plant Variety Office (CPVO) (represented by M. Ekvad, F. Mattina, O. Lamberti and U. Braun-Mlodecka, acting as Agents, and A. von Mühlendahl and H. Hartwig, lawyers)
Re:
Action brought against the decision of the Board of Appeal of the CPVO of 15 December 2015 (Case A 001/2015) concerning an application for a Community plant variety right for the plant variety Braeburn 78
Operative part of the judgment
The Court:
1.Annuls the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 15 December 2015 (Case A 001/2015) concerning an application for a Community plant variety right for the plant variety Braeburn 78;
2.Dismisses the remainder of the action;
3.Orders the CPVO to pay the costs.
(*) Language of the case: German.
OJ C 211, 13.6.2016.