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Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

article  44

CELEX:  01994R2100-20080131

Control of legality
1. The Commission shall control the legality of those acts of the President in respect of which Community law does not provide for any control on legality by another body, and of the acts of the Administrative Council relating to the Office's budget.
2. The Commission shall require that any unlawful act referred to in paragraph 1 be altered or annulled.
3. Member States, any member of the Administrative Council or any other persons directly and personally involved may refer to the Commission any act referred to in paragraph 1, whether express or implied, to examine the legality of that act. Referral shall be made to the Commission within two months of the day on which the party concerned became aware of the act in question. The Commission shall take and communicate a decision within two months.