Case T-414/04: Action brought on 11 October 2004 by the Federal Republic of Germany against the Commission of the European Communities
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: European Commission, European Regional Development Fund, Germany, North Rhine-Westphalia, action for annulment (EU), operational programme

C 314/24

EN

Official Journal of the European Union

18.12.2004

Pleas in law and main arguments

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

The applicant

The trade mark applied
for:

Word mark ‘Caipi’
for goods in
Class 33 (alcoholic beverages (not
including beer)), application No
2 655 967

Decision of
iner:

the exam-

Refusal
applied for

to register

the mark

Decision of
of Appeal:

the Board

Dismissal of the appeal

No

(ERDF

94.02.10.036

By the contested decision, the Commission reduced the Com-
munity assistance from the ERDF Structural Funds for the
Operational Programme RESIDER II North Rhine-Westphalia
1995-1999
ARINCO
No 94.DE.16.051) to EUR 72 794 851.67 and refused to pay
the German authorities the balance of EUR 2 268 988.33. The
reason for the reduction is that, compared with the indicative
financial plan, recourse to the programme was lower with
respect to certain measures and higher with respect to others.
A balance between the more and less heavily used measures
was not achieved within the individual priorities of
the
programme but rather at the level of the programme as a
whole.

/

Grounds of claim:

Infringement of Article 7(1)(b) and
(c) and of Article 12 of Regulation
(EC) No 40/94.
(1) Wrongful
failure to take account of earlier
national registrations.

In support of its action, the applicant first of all observes that,
under Article 24 of Regulation No 4253/88, (1) Community
assistance may be reduced only if there has been a significant
change affecting the nature or conditions of the operation or
measure. In the applicant's view, the adjustments made do not
constitute such a significant change.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 11 October 2004 by the Federal
Republic of Germany against the Commission of the Euro-
pean Communities

(Case T-414/04)

(2004/C 314/57)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 October 2004 by the Federal
Republic of Germany, represented by C.-D. Quassowski and C.
von Donat, lawyer.

The applicant claims that the Court should:

— annul the Commission decision notified by letter of the
Directorate-General for Regional Policy of 9 August 2004
in so far as the Community assistance from the European
Regional Development
the Operational
Fund
Programme RESIDER II North Rhine-Westphalia 1995-
1999 (ERDF No 94.02.10.036 / ARINCO No 94.DE.16.051)
was reduced to EUR 72 794 851.67 and payment to the
German authorities of the balance of EUR 2 268 988.33
was refused;

for

— order the Commission to pay the costs.

If those adjustments are to be regarded as a significant change,
the applicant submits that the Commission gave prior approval
in its ‘Guidelines on the closure of operational programmes
(1994-1999) of the Structural Funds’ (SEC(1999) 1316).

The applicant also complains that the Commission abused its
discretion by failing to even exercise it and that there are errors
in the reasoning for the contested decision.

(1) Council Regulation (EEC) No 4253/88 of 19 December 1988,
laying down provisions for implementing Regulation (EEC) No
2052/88 as regards coordination of the activities of the different
Structural Funds between themselves and with the operations of the
European Investment Bank and the other existing financial instru-
ments (OJ 1988 L 374, p. 1).

Action brought on 8 October 2004 by Bunker & BKR, S.L.
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-423/04)

(2004/C 314/58)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 8
October 2004 by Bunker & BKR, S.L., established in Almansa
(Spain), represented by José Enrique Astiz Suárez, lawyer.