Investigation is suspended at the written request of any person who provides proof that he has brought an action before the judicial court or, in the overseas territories, the court of first instance to claim ownership of the application for a plant variety certificate. However, tests decided by the person in charge of the missions under the national plant variety authority may be carried out.
The investigation is resumed as soon as the court’s decision has become final. It may also be resumed at any time with the written consent of the person who brought the claim action. This consent is then irrevocable. During this period, the holder of the claim may not withdraw it without the consent of the person who brought the claim. In addition, the claimant is called upon to take part in the investigation in the same way as the holder of the claim.