63However, given, on the one hand, the difficulty the holder has in asserting his right to information, by reason of the fact that, as the referring court, in particular, pointed out, examination of a plant does not reveal whether it was obtained by the use of the product of the harvest or by the purchase of seed, and, on the other hand, the obligation to safeguard the legitimate interests of both the breeder and the farmer under Article 14(3) of Regulation No 2100/94 and Article 2 of Regulation No 1768/95, the holder must be authorised to request information from a farmer where he has some indication that the latter has relied or will rely on the derogation provided for by Article 14(1) of Regulation No 2100/94.
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