“Scarlotta Seedless”

In the field of Community plant variety rights, a contractual clause conferring on the holder of intellectual property rights in respect of patented cultivars also the power to determine the persons who alone will be entitled to distribute the fruits obtained by the producer, previously authorised to use the variety constituents of the protected variety from which such fruits were produced, where such fruits are not likely to be used as propagating material, is null and void as contrary to public order, on the ground of infringement of Art. 13(2) and (3) of Council Regulation (EC) No. 2100/94, as interpreted by the CJEU.