30.4.2018
EN
Official Journal of the European Union
C 152/42
Action brought on 23 February 2018 — Pink Lady America v CPVO — WAAA (Cripps Pink)
(Case T-112/18)
(2018/C 152/51)
Language in which the application was lodged: English
Parties
Applicant: Pink Lady America LLC (Yakima, Washington, United States) (represented by: R. Manno and S. Travaglio, lawyers)
Defendant: Community Plant Variety Office (CPVO)
Other party to the proceedings before the Board of Appeal: Western Australian Agriculture Authority (WAAA) (South Perth, Australia)
Details of the proceedings before CPVO
Proprietor of the Community plant variety right at issue: Other party to the proceedings before the Board of Appeal
Community Plant variety right at issue: Community Plant Variety Right No EU1640, apple variety Cripps Pink
Procedure before CPVO: Proceedings for a declaration of invalidity.
Contested decision: Decision of the Board of Appeal of CPVO of 14 September 2017 in Case A007/2016
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
annul the Cripps Pink apple tree variety CPVR No 1640 for lack of novelty according to Article 10 along with Article 20 of Regulation No 2100/94;
—
order the CPVO and the Western Australian Agriculture Authority to bear the costs and expenses of the proceedings.
Pleas in law
—
Infringement of the combined provisions of Articles 10 and 20 of Regulation No 2100/94;
—
Infringement of Article 76 of Regulation No 2100/94 and of the general principles of law on legal certainty and sound administration of justice in conjunction with Article 50(3) of Regulation No 874/2009.
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