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This chapter looks at decisions relating to the application and the granting procedure that may be appealed to the Board of Appeal. It analyses certain decisions that may be appealed directly to the Court of Justice of the European Union (CJEU) and the Ombudsman, who also plays an important part in supervising the administration of the institutions and agencies. It also mentions the Commission that controls Administrative Council acts on the budget of the Community Plant Variety Office (CPVO). This chapter discusses the scope of the competence of the Board of Appeal that is set out in Article 67, such as the nullification or cancellation of a Community plant variety right. It analyses the appeal against a decision that does not terminate proceedings with regard to one of the parties that are made in conjunction with an appeal against the final decision.

This chapter is about the Community Plant Variety Office (CPVO), which was created by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or the Basic Regulation. It explains the purpose of the implementation and application of the Basic Regulation. It also describes CPVO as an agency of the European Union (EU), which is a body governed by European public law that is distinct from the EU institutions. This chapter describes the resources that led the European Parliament, the EU Council, and the European Commission to launch an inter-institutional dialogue on decentralized agencies in 2009. It points out, as stated in the Basic Regulation, that the decisions of the CPVO will be taken by a committee of three members of its staff.

This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.

The European Union (EU) ‘agencification’ process is a story of success. European agencies are relied on in an ever-wider variety of sectors, ranging from the internal market to economic and social regulation. Over the past two decades, they have acquired increasing practical importance, both as an institutional phenomenon and as a method of policy delivery. Unsurprisingly, their functional and normative significance has become central in the institutional discourse and has caught the attention of European legal scholars.