Plant Variety Rights in Europe

Appeal

para. 6-056. In T-95/06 FCAVC v CPVO, a farming cooperative sought to appeal the grant of a CPVR to a third party. Art.68 of the Implementing Regulation requires that the decision to grant is of direct and individual concern" to the appellant. The CFI took the view that such must be interpreted in the same way that the same words in Art.230 EC Treaty are interpreted (see para. 1-035). It held that such should be interpreted restrictively, in particular because third parties have the right to revoke a CPVR by a direct action before the CPVO.