This decision marks the third occasion on which the Community Plant Varieties Office (OCVV) has confirmed the validity of the plant variety title for the Nadorcott variety.
In the latest case, it was Eurosemillas S.A. who requested before the OCVV the declaration of nullity of the aforementioned variety, just one day after the same Board of Appeal, which has now confirmed the validity of the title of the Nadorcott variety, ruled that the only two differences between the Tang Gold variety and Nadorcott are: viable pollen and number of seeds under cross-pollination conditions.
Eurosemillas S.A., in a lengthy brief filed on May 31, 2016 with the CPVO, presented nine grounds for nullity, all of which were dismissed by Decision No. NN20 of the CPVO, dated December 16, 2019. This decision has now been confirmed by the Board of Appeal in its entirety.
Due to the total rejection of the claims of Eurosemillas S.A., the CPVO ordered this entity to bear all the expenses of the annulment procedure, a sentence that has also been ratified by the Board of Appeal of the CPVO.
Therefore, the Board of Appeal confirms the total validity of the plant variety title for the Nadorcott variety, which allows the CLUB OF PROTECTED PLANT VARIETIES to continue fighting, together with Nador Cott Protection, to declare that the Tang Gold is a variety essentially derived from Nadorcott, a matter that is pending resolution before the courts.