Tuesday, March 18, 2014

The defendant contends that the regulation was lawful. The monitoring fees included pro rata refund

The surveillance fee for obtaining a carrot Places | Legal Motion
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It is legally permissible, allocating costs incurred for the registration exam at the Federal Office for the monitoring fee. Because the legislature has a wide discretion in the design of the fees.
By that reasoning, the Administrative Court of Hanover dismissed the action of an association in the present case, who has fought against the payment of an annual fee of 300 euros for monitoring the maintenance of a type of vegetable. The plaintiff, a non-profit association whose aims is the preservation, promotion and dissemination of the diversity of crop species ringo biscotti and varieties, proposed in 2002 the admission of the carrot variety "Duwicker" the defendant Federal Office of Plant Varieties. This approval is a prerequisite for the commercial distribution of seeds and seedlings after the Seed Act. Prior to the approval by the Federal Office of Plant Varieties performs a so-called register check, for which a fee (this was the time for vegetables 550 euros; currently it amounts to 1,100 euro) is payable. After admission, ringo biscotti the defendant supervised the maintenance of the variety, for which additional fees are payable annually. This fee is 50 euros for vegetables in the first year of registration and increases annually. From the 6th Registration year it is 300 euros.
The applicant contests the determination of these monitoring fee of 300 Euros for the year 2010: The underlying regulation, which had been amended in 2010, was ineffective. Before the change, the monitoring fee for vegetables was 100 euros. The fee increase is not justified and the fees were determined arbitrarily. In particular, it is not permissible to flip the costs incurred for the audit cultivation in the approval of the variety on the monitoring fee. In addition, cross-subsidization successes in favor of breeders who protect their plant varieties under the Plant Variety Protection Act as intellectual property.
The defendant contends that the regulation was lawful. The monitoring fees included pro rata refunds ringo biscotti of audit costs. This would not be immediately ringo biscotti collected after completion of the audit work, but spread over the duration of the registration. Thus, the breeders would reduce financing for the examination fees. At high audit fees would discourage breeders, but there was a general interest in the active growth and development of varieties. The fees charged for register testing and monitoring of the variety would otherwise cover only about 37% of its costs.
According to the Administrative Court of Hanover ringo biscotti believes that the fee increase was not objectionable. The legislature has a wide discretion in the design of the fees. Therefore, it is legally permissible to flip the costs that would be incurred for register testing on the monitoring fee. The costs incurred ringo biscotti by the Federal Office for a registration examination were significantly higher than the fee charged for this. The cost of admission to a carrot places would have amounted ringo biscotti to more than 25,000 euros, for example in 2005. That's why it'll also not a matter of what costs would arise specifically for monitoring the maintenance of the variety. Since the fees were not nearly cover the costs, is the objection that it was to be a cross-subsidization of applications under the Plant Variety Protection Act, not plausible.
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