Brookfield New Zealand Ltd and Elaris SNC v Community Plant Variety Office (CPVO) and Schniga GmbH (C-534/10 P)

Judgment of 19 Dec 2012

law://eu/cjeu/2010/c-534-10/para_50@2026-11-13

50It should be stated at the outset that the CPVO’s task is characterised by the scientific and technical complexity of the conditions governing the examination of applications for Community plant variety rights and, accordingly, the CPVO must be accorded a broad discretion in carrying out its functions (see, to that effect, Schräder v CPVO, paragraph 77). Furthermore, given that broad discretion, the CPVO may, if it considers it necessary, take account of facts and evidence which are submitted or produced out of time (see, by analogy as regards OHIM, Case C-29/05 P OHIM v Kaul [2007] ECR I-2213, paragraph 42).

Brookfield New Zealand Ltd and Elaris SNC v Community Plant Variety Office (CPVO) and Schniga GmbH (C-534/10 P)

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