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.

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(1)   OJ C 27, 25.1.2016.