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Case T-112/18: Judgment of the General Court of 24 September 2019 — Pink Lady America v CPVO — WAAA (Cripps Pink) (Plant varieties — Nullity proceedings — Cripps Pink apple variety – Articles 10 and 116 of Regulation (EC) No 2100/94 — Novelty — Derogative grace period — Definition of exploitation of the variety — Commercial evaluation — Article 76 of Regulation (EC) No 874/2009 — Late submission of evidence before the Board of Appeal — Evidence submitted for the first time before the General Court)
ECLI:EU:UNKNOWN:62018TA0112
62018TA0112
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Official Journal of the European Union
C 423/34
(Case T-112/18) (*)
(Plant varieties - Nullity proceedings - Cripps Pink apple variety – Articles 10 and 116 of Regulation (EC) No 2100/94 - Novelty - Derogative grace period - Definition of exploitation of the variety - Commercial evaluation - Article 76 of Regulation (EC) No 874/2009 - Late submission of evidence before the Board of Appeal - Evidence submitted for the first time before the General Court)
(2019/C 423/42)
Language of the case: English
Parties
Applicant: Pink Lady America LLC (Yakima, Washington, United States)) (represented by: initially by R. Manno and S. Travaglio, and subsequently by R. Manno, lawyer)
Defendant: Community Plant Variety Office (CPVO) (represented by: M. Ekvad, F. Mattina and M. Garcia Monco-Fuente Agents)
Other party to the proceedings before the Board of Appeal of the CPVO and intervener before the General Court: Western Australian Agriculture Authority (WAAA) (South Perth, Australia) (represented by: T. Bouvet and L. Romestant, lawyers)
Re:
Action brought against the decision of the Board of Appeal of the CPVO of 14 September 2017 (Case A 007/2016), relating to nullity proceedings between the WAAA and Pink Lady America LLC.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Pink Lady America LLC to pay the costs.
(*) Language of the case: English.
(1) OJ C 152, 30.4.2018.