31.7.2017
EN
Official Journal of the European Union
C 249/7
Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC
(Case C-625/15 P) (1)
((Appeal - Community plant variety rights - Application for a Community plant variety right - Apple variety ‘Gala Schnitzer’ - Technical examination - Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) - Regulation (EC) No 1239/95 - Article 23(1) - Powers of the President of the CPVO - Addition of a distinctive characteristic on completion of the technical examination - Stability of the characteristic during two growing cycles))
(2017/C 249/09)
Language of the case: English
Parties
Appellant: Schniga GmbH (represented by: R. Kunze and G. Würtenberger, Rechtsanwälte)
Other parties to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and F. Mattina, acting as Agents), Brookfield New Zealand Ltd, Elaris SNC (represented by: M. Eller, avvocato)
Operative part of the judgment
The Court:
1.
Sets aside the judgment of the General Court of the European Union of 10 September 2015, Schniga v CPVO — Brookfield New Zealand and Elaris (Gala Schnitzer) (T-91/14 and T-92/14, not published, EU:T:2015:624);
2.
Annuls the decisions of the Board of Appeal of the Community Plant Variety Office (CPVO) of 20 September 2013 relating to the grant of a Community plant variety right for the Gala Schnitzer apple variety (Cases A 003/2007 and A 004/2007);
3.
Orders the Community Plant Variety Office to bear its own costs and to pay those incurred by Schniga GmbH;
4.
Orders Brookfield New Zealand Ltd and Elaris SNC to bear their own costs.
(1) OJ C 27, 25.1.2016.
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