Case T-189/02: Action brought on 18 June 2002 by Ente per le Ville Vesuviane against Commission of the European Communities
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), financial aid, heritage protection, regional policy

10.8.2002

EN

Official Journal of the European Communities

C 191/31

Diesel SpA

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
Italian trade mark ‘DIESEL’ regis-
tered under No 686092 and Com-
asserted by way of oppo-
sition in the opposition munity trade mark ‘DIESEL’, regis-
tered under No 000743401 in
proceedings:
respect of goods within Classes 7,
11 and 21 and 11 and 21 respect-
ively

Decision of the Oppo-
sition Division:

Registration application dismissed

Decision of the Board of
Appeal:

Appeal dismissed

Grounds of claim:

Total lack of similarity between
the two trade marks and no likeli-
hood whatever of confusion or
association. Moreover, the party
which brought opposition pro-
ceedings has not adduced evi-
dence of serious use of the mark
in respect of goods within the
classes in concerned.

Action brought on 18 June 2002 by Ente per le Ville
Vesuviane against Commission of the European Com-
munities

(Case T-189/02)

(2002/C 191/53)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 June 2002 by Ente per le Ville
Vesuviane, represented by Enrico Soprano, avvocato.

The applicant claims that the Court should:

— annul the decision of the Directorate-General for Regional
Policy of the European Commission No D (2002) 810111
of 13 March 2002 and No (86) 2029/120 of 18 Decem-

ber 1986, and accordingly declare that Ente per le Ville
Vesuviane is entitled to final payment of the assistance
received until now and to have the remainder of the
funding paid to it as requested on 13 December 2000
and still outstanding;

— order the European Commission to pay the costs.

Pleas in law and main arguments

The applicant in the present case, a public-law consortium
whose object is to protect and improve the complex of sites
consisting of the Ville Vesuviane (the towns around Vesuvius)
dating from the 18th Century, is contesting the decision of the
the European
Directorate-General
Commission D (2002) 810111, 102504, of 13 March 2002
bringing to an end the financial assistance paid to the applicant
itself, pursuant to Commission Decision No C (86) 2029/120
of 18 December 1986 of the European Regional Development
Fund (intervention No 86/05/04/054).

for Regional Policy of

In support of its arguments, the applicant claims that:

— the contested measures were adopted on the mistaken
assumption that the delays in the project being financed
were not as a result of the relevant work being subject to
a suspension for judicial reasons, within the meaning of
Article 12 of Council Regulation (EEC) No 2083/93 of
20 July 1993 (1). On the contrary, while the project was
under way, the applicant was obliged to initiate several
court proceedings seeking the removal of the occupants
of numerous areas and buildings which were to be
restored as part of the improvements in the Vesuvius
towns of Favorita and Ruggiero. The applicant further
claims that the defendant failed to make inquiries in that
regard.

— its rights of defence were infringed in that, contrary to
Article 4 of Commission Decision No C (86) 2020 of
18 December 1986, the applicant, who was in receipt of
assistance, did not have the opportunity to submit its
own observations to the Commission before the adoption
by the latter of the contested decision.

(1) Council Regulation (EEC) No 2083/93 of 20 July 1993 amending
Regulation (EEC) No 4254/88 laying down provisions for
implementing Regulation (EEC) No 2052/898 as regards the
European Regional Development Fund (OJ 1993 L 193, p. 34).