Case T-417/04: Action brought on 15 October 2004 by Regione Autonoma Friuli Venezia Giulia against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, Hungary, accession to the European Union, action for annulment (EU), designation of origin, market organisation, product designation, viticulture, wine

C 300/52

EN

Official Journal of the European Union

4.12.2004

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decisions by the Commission not to increase the
number of DG priority points awarded to the applicant in
the context of the 2003 appraisal and not to promote the
applicant to Grade A5 during the 2003 promotions exer-
cise,
together with the appointing authority's decision
replying to the applicant's objections (R/673/03 and R/716/
03);

— order the Commission to pay to the applicant the sum of
EUR 3 000 by way of compensation for the non-material
damage suffered by him;

— order the Commission to pay the costs.

— annul the list of officials promoted in the 2003 promotions
procedure insofar as that list does not include the names of
the applicants and, by way of an ancillary measure, annul
the preparatory measures for that decision;

in the alternative,

— annul the award of promotion points in the 2003 promo-
tions procedure inter alia following recommendations from
the promotion committees;

— make an order as to costs, expenses and fees and order the
Commission of the European Communities to pay them.

Pleas in law and main arguments

Pleas in law and main arguments

This action follows on from that in Case T-272/04 which chal-
lenged the tacit decision rejecting the complaints submitted by
the same applicant. Since the appointing authority finally
adopted express rejection decisions, it is specifically those deci-
sions whose annulment is sought in the present case.

the decisions at

In support of his claims, the applicant essentially maintains
that
issue constitute a disguised sanction
imposed on the applicant, owing to his secondment in the
interests of the service to the Court of Justice, and did not take
appropriate account of his merits.

The pleas raised in the application are based on infringement
of the rules governing the appraisal and promotion of officials,
the principles of non-discrimination and proportionality, and
on an allegation of a misuse of powers.

Action brought on 6 October 2004 by Vittoria Tebaldi
the European
and Others against

the Commission of
Communities

(Case T-415/04)

(2004/C 300/101)

(Language of the case: French)

The applicants
the
appointing authority to promote them to a higher grade in the
2003 promotions procedure.

in this case challenge the refusal of

In support of their claims they plead the infringement:

— of Article 45 of the Staff Regulations and its general imple-

menting rules;

— of the administrative guide entitled ‘Appraisal and Promo-

tion of Officials’;

— of the principles of non-discrimination and the prohibition
the obligation to state

on arbitrary procedures and of
reasons for measures;

— of the principle of the protection of legitimate expectations

and

— of the duty to have regard to the welfare of officials.

Action brought on 15 October 2004 by Regione
Autonoma Friuli Venezia Giulia against the Commission of
the European Communities

(Case T-417/04)

(2004/C 300/102)

(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 6 October 2004 by Vittoria Tebaldi,
residing in Tervuren (Belgium), Vicente Tejero Gazo, residing in
Sterrebeek (Belgium), Victor González Martínez, residing in
Brussels, and Alessandro Giovannetti,
residing in Ernster
(Luxembourg), represented by Gilles Bounéou and Fréderic
Frabetti, lawyers, with an address for service in Luxembourg.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 October 2004 by Regione
Autonoma Friuli Venezia Giulia, represented by Enzo Bevi-
lacqua and Fausto Capelli.

4.12.2004

EN

Official Journal of the European Union

C 300/53

The applicant claims that the Court should:

— annul the explanatory note attached to item no 103 in
Annex I
to Commission Regulation No 1429/2004
concerning the limitation in time on the use of the name
‘Tocai friulano’ up to 31 March 2007;

— order the Commission to pay all costs of the proceedings.

— Finally, the applicant submits that there has been an infrin-
gement of the principle of proportionality and a breach of
property rights.

(1) Commission Regulation (EC) No 1429/2004 of 9 August 2004
amending Commission Regulation (EC) No 753/2002 of 29 April
2002 laying down certain rules for applying Council Regulation
(EC) No 1493/1999 as regards the description, designation, presen-
tation and protection of certain wine sector products (OJ L 263 of
10.08.2004, p. 11).

Pleas in law and main arguments:

Article 1(5) of Commission Regulation No 1429/2004 (1)
amending Commission Regulation No 753/2002 replaces
Annex II to the amended Regulation No 753/2002 by a new
annex (Annex I) which maintains, for wine derived from the
grape type ‘Tocai friulano’ (item no 103 in the new Annex I),
on the basis of an added explanatory note, the limitation in
time up to 31 March 2007 on the use of that name, as already
contained in Annex II to Regulation No 753/2002. The present
application seeks the annulment of the explanatory note that
refers to the use of the name ‘Tocai friulano’.

In support of its contentions the applicant makes the following
submissions:

— Pursuant to Article 59(1) of the Vienna Convention on the
Law of Treaties, following the entry into force on 1 May
2004 of the Treaty of Accession of Hungary and the other
Member States, all provisions contained in previous treaties
concluded between Hungary and the European Community
lapsed unless they were expressly included in that Accession
Treaty.

— Lack of competence on the part of the Commission to
abolish rights in the area of the application of Article 19 of
Regulation No 753/2002 in so far as, if the Commission
had the power under Article 53 of the basic regulation
(Regulation No 1493/1999) to determine in which country
a specific variety of grape could be grown, it had no power
to abolish a variety of grape long cultivated in a Member
State in view of the fact that the Member States alone are
authorised to take such a decision.

— Infringement of the prohibition of discrimination laid down
in the second subparagraph of Article 34(2) EC. That prohi-
bition, which could not have been applied in regard to
Hungary prior to its accession, has, by contrast, become
applicable in full since that country became a Member
State.

Action brought on 15 October 2004 by Confcooperative
the European
and Others against

the Commission of
Communities

(Case T-418/04)

(2004/C 300/103)

(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 15 October 2004 by Confcoopera-
tive FVG Federagricole,
la
Cantina Sociale di Ramoscello, S. Vito S.C.a.r.l.,
la Cantina
Produttori Cormòns S.C.a.r.l. and Luigi Soini, represented by
Fausto Capelli.

il Consorzio Friulvini S.C.a.r.l.,

The applicants claim that the Court should:

— annul

the explanatory note attached to item no 103
in Annex I
to Commission Regulation No 1429/2004
concerning the limitation in time on the use of the name
‘Tocai friulano’ up to 31 March 2007;

— order the Commission to pay all costs of the proceedings.

Pleas in law and main arguments:

The pleas in law and main arguments are identical to those put
forward in Case T-417/04 Regione Autonoma Friuli Venezia
Giulia v Commission (1).

(1) Not yet published in the Official Journal.