Judgment of the Court of First Instance of 10 February 2004 in Joined Cases T-215/01, T-220/01 and T-221/01: Calberson GE v Commission of the European Communities
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), carrier, intervention agency, intervention stock, skimmed milk powder

17.4.2004

EN

Official Journal of the European Union

C 94/39

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 January 2004

in Joined Cases T-146/02 to T-153/02: Deutsche SiSi-
Werke GmbH & Co. Betriebs KG v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Form of drinks packaging — Stand-up pouch — Absolute
grounds for refusal — Article 7(1)(b) of Regulation (EC)
No 40/94 — Need to preserve a sign's availability)

(2004/C 94/112)

(Language of the case: German)

to Council Regulation
EAGGF, Guidance Section, pursuant
(EEC) No 4256/88 of 19 December 1988 laying down provi-
sions for
implementing Regulation (EEC) No 2052/88 as
regards the EAGGF Guidance Section (OJ 1988 L 374, p.25), in
connection with Project No 92.IT.06.069 entitled ‘Pilot demon-
stration project for the use of new “Endovena” (intravenous)
technology on fruit trees’ – the Court of First Instance (Second
Chamber), composed of N.J. Forwood, President,
J. Pirrung
and A.W. Meij, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, gave a judgment on 28 January 2004,
in which it:

1. Dismissed the application.

2. Ordered the applicant to pay the costs,

including those
incurred in connection with the application for interim
measures

(1) OJ No C 275 of 29.9.01.

In Joined Cases T-146/02 to T-153/02, Deutsche SiSi-Werke
GmbH & Co. Betriebs KG, established in Eppelheim (Germany),
represented by A. Franke, lawyer, against Office for Harmoni-
sation in the Internal Market
(Trade Marks and Designs),
(Agent: G. Schneider): Actions brought against the decisions of
the Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 28 February
2002 (Cases R 719/1999 2 to R 724/1999 2, R 747/1999 2
and R 748/1999 2) concerning the registration of three-dimen-
sional
the Court of First
Instance (Second Chamber), composed of N.J. Forwood, Presi-
dent,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on 28
January 2004, in which it:

trade marks (stand-up pouches),

J. Pirrung and A.W.H. Meij,

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 180 of 27.07.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE
(SECOND CHAMBER)

of 28 January 2004

in Case T-180/01: Euragri Srl v Commission of the Euro-
pean Communities (1)

(EAGGF — Withdrawal of financial assistance — Articles
24 and 25 of Regulation (EEC) No 4253/88)

(2004/C 94/113)

(Language of the case: Italian)

In Case T-180/01: Euragri Srl, established at Monte Vidon
Combatte (Italy), represented by W. Massucci, lawyer, against
Commission of the European Communities (Agents: initially L.
Visaggio and M. Moretto and subsequently C. Cattabriga and
M. Moretto) — application for annulment of Commission Deci-
sion C (2001) 1274 of 6 June 2001 withdrawing the assistance
granted to Euragri Srl by Commission Decision C (92) 3214 of
3 December 1992 concerning grant of a contribution from the

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 February 2004

in Joined Cases T-215/01, T-220/01 and T-221/01:
Calberson GE v Commission of the European Commu-
nities (1)

(Regulation (EC) No 111/1999 — Food aid to Russia —
Regulation (EC) No 1799/1999 — Supply of beef — Regu-
lation (EC) No 1815/1999 — Supply of skimmed-milk
powder — Award of contract for the provision of trans-
port — Contractual relationship — Arbitration clause —
Contractual liability — Non-contractual liability — Admis-
sibility)

(2004/C 94/114)

(Language of the case: French)

In Joined Cases T-215/01, T-220/01 and T-221/01: Calberson
GE, established in Paris (France), represented by T. Gallois,
lawyer, against the Commission of the European Communities
(Agent: G. Berscheid) – applications:

— in Case T-215/01, for an order requiring the Commission
to pay to the applicant the sums of EUR 14 290,61 and
USD 57 859,56, together with interest at the legal rate, in
compensation for the loss allegedly suffered,

— in Case T-220/01, for an order requiring the Commission
to pay to the applicant
the sum of DEM 106 901,96,
together with interest at the legal rate, in compensation for
the loss allegedly suffered,

— in Case T-221/01, for an order requiring the Commission
to pay to the applicant the sums of EUR 23 115,49 and
USD 25 761,11, together with interest at the legal rate, in
compensation for the loss allegedly suffered,

C 94/40

EN

Official Journal of the European Union

17.4.2004

all three brought on the basis of Article 238 EC and Article 16
of Commission Regulation (EC) No 111/1999 of 18 January
1999 laying down general rules for the application of Council
Regulation (EC) No 2802/98 on a programme to supply agri-
cultural products to the Russian Federation and, in the alterna-
tive, on the basis of Article 235 EC and the second paragraph
of Article 288 EC — the Court of First
Instance (Second
Chamber), composed of N.J. Forwood, President, J. Pirrung and
A.W.H. Meij, Judges; J. Plingers, Administrator, for the Regis-
trar, has given a judgment on 10 February 2004 in which it:

1. In Case T-215/01, orders the Commission to pay to the
applicant
the sum of EUR 7 194,24 and the sum of
USD 23 072,89, both together with default interest from
16 May 2001 until full payment. The rate of interest to be
applied shall be calculated on the basis of the rate set by the
European Central Bank for its main refinancing operations
that is applicable during the period in question, increased by
two percentage points;

2. Dismisses the application in Case T-215/01 as to the

remainder;

3. Orders the applicant to bear in Case T-215/01 a third of its
own costs and a third of the costs incurred by the Commis-
sion, and the latter to bear two-thirds of its own costs and
two-thirds of the costs incurred by the applicant;

4. Dismisses the application in Case T-220/01;

5. Orders the applicant to pay all the costs in Case T-220/01;

6. In Case T-221/01, orders the Commission to pay to the
applicant the sum of USD 25 761,11, together with default
interest from 3 August 2001 until full payment. The rate of
interest to be applied shall be calculated on the basis of the
rate set by the European Central Bank for its main refinan-
cing operations that is applicable during the period in ques-
tion, increased by two percentage points;

7. Orders the applicant to bear in Case T-221/01 a quarter of
its own costs and a quarter of the costs incurred by the
Commission, and the latter to bear three-quarters of its own
costs and three-quarters of the costs incurred by the appli-
cant.

(1) OJ No C 317, 10.11.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 February 2004

(Language of the case: Portuguese)

In Case T-259/01, Nutrinveste - Comércio Internacional,
SA, established in Algés (Portugal), represented by A. Vascon-
lawyer, with an address for service in Luxembourg,
celos,
against Commission of the European Communities (Agents:
G. Berscheid and A. Alves Vieira), with an address for service in
Luxembourg: Application for an order for payment by the
Commission of the sum of EUR 61 226 in respect of a supply
of
the Court of First Instance (Fourth Chamber),
composed of V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; I. Natsinas, Administrator, for the Registrar, has given a
judgment on 11 February 2004, in which it:

food aid,

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 17 of 19.01.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

12 February 2004

in Case T-282/01: Aslantrans AG v Commission of the
European Communities (1)

(Customs duties — Repayment of import duties — Ship-
ment of cigarettes stolen during transport — Notion of
special situation within the meaning of Article 905 of
Regulation (EEC) No 2454/93 — Compliance with the
time-limit)

(2004/C 94/116)

(Language of the case: German)

In Case T-282/01, Aslantrans AG, established in Rickenbach
bei Wil
(Switzerland), represented by J. Weigell, avocat, v
Commission of the European Communities (Agents: initially by
R. Tricot and S. Fries, and subsequently by X. Lewis and S.
Fries): Application for annulment of Commission Decision
REM 19/00 of 18 July 2001 refusing to grant an application by
the Federal Republic of Germany for repayment of
import
duties in favour of the applicant, the Court of First Instance
(Fifth Chamber), composed of: P. Lindh, President, and R.
García-Valdecasas and J.D. Cooke, Judges I. Natsinas, Adminis-
trator, for the Registrar, has given a judgment on 12 February
2004, in which it:

in Case T-259/01: Nutrinveste — Comércio Internacional,
SA, v Commission of the European Communities (1)

1. Dismisses the application;

(Regulation (EEC) No 2200/87 — Food aid — Transfer of
the burden of risk — Deduction from payments)

2. Orders the applicant to bear its own costs and to pay those

incurred by the Commission.

(1) OJ C 44 of 16.02.2003.

(2004/C 94/115)