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24. Scrutiny of application for opposition by the Commission
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Article 50(1) provides that the Commission shall scrutinise by appropriate
means any application that it receives pursuant to Art 49, in order to check that
it is justified and that it meets the conditions of the respective scheme. This
scrutiny should not exceed a period of six months. Where this period is
exceeded, the Commission shall indicate in writing to the applicant the reasons
for the delay.
25. Publication of opposition by the Commission
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The Commission shall, at least each month, make public the list of names for
which registration applications have been submitted to it, as well as their date of
submission.
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Article 50(2) provides that where, based on the scrutiny carried out pursuant to
the first subparagraph of Art 50(1), the Commission considers that the
conditions laid down in this Regulation are fulfilled, it shall publish in the
Official Journal of the European Union :
(a) for applications under the scheme set out in Title II, the single document and the
reference to the publication of the product specification;
(b) for applications under the scheme set out in Title III, the specification.
26. Opposition procedure at the Commission
(a) Notice of opposition
Article 51(1) provides that within three months from the date of publication in
the Official Journal of the European Union , the authorities of a Member State or
of a third country, or a natural or legal person having a legitimate interest and
established in a third country may lodge a notice of opposition with the
Commission.
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(b) Eligible opponents
Article 51(1) provides that any natural or legal person having a legitimate
interest, established or resident in a Member State other than that from which
the application was submitted, may lodge a notice of opposition with the
Member State in which it is established within a time limit permitting an
opposition to be lodged pursuant to the first subparagraph.
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