Case T-297/03: Action brought on 29 August 2003 by Tomasetto Achille s.a.s. di Tomasetto Andrea & C. against the Commission of the European Communities
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to information, action for annulment (EU), consultation of information, control of State aid, equal treatment, offence

C 264/34

EN

Official Journal of the European Union

1.11.2003

Goods or services:

Goods and services in Classes 16
and 41

Action brought on 29 August 2003 by Proteco s.r.l.
against the Commission of the European Communities

Decision
before
Appeal:

contested
the Board of

Decision of the Board of
Appeal:

Pleas in law:

Refusal by the examiner to register
the mark in respect of ‘printed
matter’ in Class 16 and ‘arranging
and organising of trade fairs, exhi-
bitions, seminars and congresses’
in Class 41

Dismissal of the applicant’s appeal

(Case T-296/03)

(2003/C 264/59)

(Language of the case: Italian)

is

distinctive
— The mark
within
of
Article 7(1)(b) of Regulation
(EC) No 40/94;

the meaning

— The mark is not a descriptive
indication within the mean-
ing of Article 7(1)(c) of Regu-
lation (EC) No 40/94.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Proteco s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Poli Sud s.r.l.
against the Commission of the European Communities

Pleas in law and main arguments

(Case T-295/03)

(2003/C 264/58)

(Language of the case: Italian)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Poli Sud s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Tomasetto Achille
s.a.s. di Tomasetto Andrea & C. against the Commission
of the European Communities

(Case T-297/03)

(2003/C 264/60)

(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 29 August 2003 by Tomasetto
Achille s.a.s. di Tomasetto Andrea & C., represented by
M.A. Calabrese, lawyer.

1.11.2003

EN

Official Journal of the European Union

C 264/35

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Lavorazione Cuoio
e Pelli Bieffe s.r.l. against the Commission of the European
Communities

(Case T-298/03)

(2003/C 264/61)

(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 29 August 2003 by Lavorazione
Cuoio e Pelli Bieffe s.r.l., represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Nuova Fa.U.Di. s.r.l.
against the Commission of the European Communities

(Case T-299/03)

(2003/C 264/62)

(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 29 August 2003 by Nuova Fa.U.Di.
s.r.l., represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Moser Baer India
Limited against the Council of the European Union

(Case T-300/03)

(2003/C 264/63)

Pleas in law and main arguments

(Language of the case: English)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 29 August 2003 by Moser Baer India
(India), represented by P. Bently, QC,
Limited, New Delhi
K. Adamantopoulos, lawyer, R. MacLean and J. Branto, Solici-
tors, with an address for service in Luxembourg.