Case T-282/04: Action brought on 9 July 2004 by the Italian Republic against the Commission of the European Communities
Date: 2004-10-09
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Italy, Tuscany, action for annulment (EU), food aid, installation allowance, rural development

C 251/24

EN

Official Journal of the European Union

9.10.2004

— annul

the decision in order that a new and accurate
comparison of the signs and goods which they identify may
be carried out, regard being had to the high degree of
visual and phonetic similarity between ‘YUPI’ and ‘YUKI’, as
well as the fact that many of the goods which they desig-
nate are identical or almost identical.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

QUIMI ROMAR S.L.

Community trade mark
sought:

Word mark ‘YUKI’ — Application
No 1. 353.515 for
in
classes 3, 5 and 28.

goods

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition.

Decision of the Opposi-
tion Division:

Decision of
of Appeal:

the Board

The applicant.

The Spanish word mark ‘YUPI’
(No 246.715) for goods in class 3
(all
types of perfumery, waxes,
essential oils and dentifrices).

directed:

Opposition upheld in part
in
respect of the goods against which
‘soaps,
it was
perfumery,
oils,
cosmetics, hair lotions, dentifrices’
(class 3) and ‘pharmaceutical and
sanitary preparations’ (class 5)

i.e.
essential

for

Upheld the appeal brought by the
applicant
trade mark,
the
annulled the contested decision in
so far as it upheld the opposition
‘soaps, perfumery,
in respect of
hair
essential
oils,
(class 3) and
lotions, dentifrices’
‘pharmaceutical
sanitary
preparations’ (class 5) and rejected
the case of the opposing party.

cosmetics,

and

Pleas in law:

Incorrect interpretation of Article
8(1)(b) of Regulation (EC) No
40/94.

Action brought on 9 July 2004 by the Italian Republic
against the Commission of the European Communities

(Case T-282/04)

(2004/C 251/44)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

European Communities on 9 July 2004 by the Italian Republic,
represented by Gianni De Bellis, avvocato dello Stato.

The applicant claims that the Court should:

— annul Commission Decision C(2004) 1706 final of 24
April 2004 ‘which excludes from Community financing
certain expenditure incurred by the Member States in
respect of the Guarantee section of the European Agri-
cultural Guidance and Guarantee Fund (EAGGF)’ in part in
so far as it

— makes a specific adjustment of EUR 19 058 682 for Rural
Development — Measure (b) ‘Settlement of Young Farmers’
of the Rural Development Programme for the Region of
Tuscany

— makes a flat-rate adjustment of 2 % of

the sum of
EUR 2 758 501 relating to the supply of food aid for the
needy

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments:

The expenditure excluded from Community financing by the
contested decision, as regards the applicant, relates to the
‘Settlement of Young Farmers’ measure provided for in the
document on the planning of rural development in the Region
of Tuscany, approved by Decision C(2000) 2510 of 7
September 2000, and the flat-rate adjustment of 2 % applied to
the supply of food aid for the needy which, according to the
Commission, does not offer a system of checks with sufficient
safeguards.

In support of its claim, the applicant pleads:

— As regards the ‘Settlement of Young Farmers’ measure,
infringement of Articles 2 and 3 of Council Regulation
(EEC) No 729/70 (1), of Articles 35 and 37 of Council Regu-
lation (EC) No 1750/99 (2), of Article 2(1) of Council Regu-
lation (EC, Euratom) No 2988/95 (3), as well as of the prin-
ciples concerning financial adjustments.

— As regards the supply of food aid for the needy, the infrin-
gement of Articles 2 and 3 of Regulation (EC) No 729/70,
already cited.

(1) Regulation (EEC) No 729/70 of the Council of 21 April 1970 on
the financing of the common agricultural policy (OJ, English Special
Edition, Series II Chapter 1970(I), p. 218).

(2) Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying
down detailed rules for the application of Council Regulation (EC)
No 1257/1999 on support for rural development from the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF) (OJ L 214
of 13.8.1999, p. 31).

(3) Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities' financial
interests (OJ L 312 of 23.12.1995, p. 1).