Judgment_paragraph 209 · Ralf Schräder v Community Plant Variety Office (CPVO) (T-133/08, T-134/08, T-177/08, T-242/09)

209In any event, the CPVO contends, fifth, that the meaning and purpose of the notice period, which are to allow the parties to take the appropriate measures with a view to their participation in the oral proceedings and to allow them sufficient preparation time, were complied with in the present case. Furthermore, the fact that the minimum notice period of one month was shortened by two days is merely ‘a trifling matter’ on which the applicant cannot rely in the light of the events preceding it. Such a ‘ploy’ should be regarded as abusive, considered against the facts which preceded the summons. Lastly, the CPVO describes the alleged procedural defect as ‘insignificant’ and invokes the case-law according to which an applicant has no legitimate interest in securing the annulment of a decision for a formal defect in the case where the administration is bound to issue a new, identical decision (Case 117/81 Geist v Commission [1983] ECR 2191, paragraph 7). That, it is submitted, is the position in the present case since, according to the CPVO, the Board of Appeal’s finding was correct as to the substance of the case.

Ralf Schräder v Community Plant Variety Office (CPVO) (T-133/08, T-134/08, T-177/08, T-242/09)

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