10.1.2009
EN
Official Journal of the European Union
C 6/21
Order of the Court of First Instance of 19 November 2008 — Ralf Schräder v OHIM — (SUMCOL 01)
(Case T-187/06) (1)
(Community plant variety rights - Plant variety SUMCOL 01 - Rejection of the application for a Community plant variety right - Lack of distinctive character of the candidate variety)
(2009/C 6/43)
Language of the case: German
Parties
Applicant: Ralf Schräder (Lüdinghausen — Germany) (represented by: initially by T. Leidereiter, W.-A. Schmidt and I. Memmler, and later by T. Leidereiter and W.-A. Schmidt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Kiewiet and M. Ekvad, Agents, assisted by G. Schohe, lawyer)
Re:
ACTION against the decision of the Board of Appeal of the CPVO of 2 May 2006 (Case A 003/2004), concerning an application for Community plant variety rights in respect of the plant variety SOMCOL 01
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Mr Ralf Schräder to pay the costs.
(1) OJ C 212, 2.9.2006.
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