Case T-84/05: Action brought on 17 February 2005 by Nicole Schmit against the Commission of the European Communities
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: European Anti-fraud Office, European Commission, European official, access to EU information, action by staff, disclosure of information

C 106/38

EN

Official Journal of the European Union

30.4.2005

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

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

Trade mark or
cited in opposition:

sign

Netscout Systems, Inc.

The word mark ‘NGENIUS’
for
goods and services in classes 9, 16
and 42 (Computers,
computer
hardware and computer software;
printed
computer
matter;
programming; …) — application
No 1 830 900

Ob. 1 2000-2006), 13 January 2005 (P.E.P. Apulia Ob. 1
2000-2006), 17 January 2005 (Docup Lombardy Ob. 2
2000-2006), 17 January 2005 (P.E.P. Calabria Ob. 1 2000-
2006) and 26 January 2005 (P.E.P. Sardinia Ob. 1 2000-
2006), all intended to make implementation of the payment
of certain advances in the sphere of aid schemes conditional
upon fulfilment of obligations not required by the legislation
in force, for the purpose of improperly limiting the expendi-
ture which is eligible for the use of the Structural Funds
concerned;

2. order the Commission to pay the costs.

KYE Systems Corporation

Pleas in law and main arguments

national

figurative mark
The
‘GENIUS’
in class 9
(computers, disk units, printers,
fax machines, …)

for goods

The pleas in law and main arguments are those raised in Case
T-345/04 Italian Republic v Commission (1).

(1) O.J.E.U. C 262 of 23 October 2004, p. 55.

Decision of the Opposi-
tion Division:

Rejection of the trade mark appli-
cation for all goods covered by it
in class 9

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Infringement of Article 8(1)(b) of
Council Regulation No 40/94

Action brought on 17 February 2005 by Nicole Schmit
against the Commission of the European Communities

Action brought on 18 February 2005 by the Italian
the European
Republic

the Commission of

against

(Case T-84/05)

(2005/C 106/77)

(Language of the case: French)

Communities

(Case T-83/05)

(2005/C 106/76)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2005 by Nicole
Schmit, residing in Ispra (Italy), represented by Eric Boigelot,
lawyer.

(Language of the case: Italian)

The applicant claims that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 18 February 2005 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

The applicant claims that the Court should:

— order the production of all files concerning the applicant

and sealed by OLAF;

— order the production of the report which concludes the

internal investigation into the applicant;

— annul the investigation into the applicant;

1. annul the Commission's decisions of: 16 December 2004
(P.E.P. Sicily 2000-2006), 13 January 2005 (P.E.P. Calabria

— annul the Note from OLAF containing ‘notification of the
the Italian judicial

investigation and the information of
authorities’;

30.4.2005

EN

Official Journal of the European Union

C 106/39

— annul the investigation report sent to the Italian judicial

authorities;

— annul any measure arising from and/or relating to those
decisions which may be taken subsequently to the bringing
of this action;

— order OLAF and the Commission to pay damages, assessed
on an equitable basis at EUR 30 000, subject to increase
and/or decrease in the course of the proceedings;

— in any event, order the defendant to pay the costs.

Pleas in law and main arguments

In support of her action, the applicant puts forward pleas iden-
tical to those put forward by the applicants in Case T-22/05.

Action brought on 16 February 2005 by Dimos Ano
the
Liosia,

a
Commission of the European Communities

self-administering

entity against

local

(Case T-85/05)

(2005/C 106/78)

(Language of the Case: Greek)

An action was brought on 16 February 2005 against
the
Commission of the European Communities by Dimos Ano
Liosion, established in Ano Liosia, Attica, and by Theodora
Goula, Argiris Argiropoulos, Ioannis Manis, Eleni Dalipi, Vasilis
Papagrigoriou and Yiorgos Frankalexis, residents of Ano Liosia,
represented by Y-E. Kalvros, lawyer.

The applicants claim that the Court of First Instance should:

— annul in its entirety Commission Decision No 5522 of 21
December 2004 concerning the grant of assistance by the
Cohesion Fund for Phase 2 of construction works for a
hygienic infill site for domestic waste in Skalistiri
in the
Deme of Phylis in the Western Attica region of the Hellenic
Republic (No CCI:2004 GR 16 C PE 001) and

— order the Commission to pay the costs.

Pleas and main arguments

In support of
the
contested decision is contrary to the objectives of the mainte-

their action the applicants claim that

nance, protection and development of the quality of the envir-
onment,
the protection of human health and prudent and
rational use of natural resources, as provided for in Articles 2,
4(1) and 174 EC. That is owing to the fact that under that deci-
sion the district of Ano Liosia, which is regarded by the appli-
cants as polluted and degraded,
is obliged to accept much
greater quantities of waste than the two other proposed areas
for waste management in Attica. In the same context the appli-
cants raise various problems concerning the siting chosen for
construction of the facility, such as the fact that essentially it
constitutes an extension of an existing establishment, the rele-
vant area has been designated as an area of absolute protection
of the natural environment and is in part wooded and in part
to be reafforested,
is not secured from private view and,
according to the environmental impact study, is not the most
appropriate area.

The applicants further claim that
the contested decision is
contrary to the obligations incumbent on the Hellenic Republic
to:

— take appropriate measures to encourage the prevention or
reduction of waste production and its harmfulness, in par-
ticular by the development of clean technologies which are
more sparing in their use of natural resources, and to
ensure that waste is recovered or disposed of without
endangering human health and without using processes or
methods which could harm the environment, as provided
for in Articles 3 and 4 of Directive 91/156; (1)

— adhere to the plans for restricting, recycling and processing
of waste, as provided for in Articles 3, 4 and 6 of Directive
75/442; (2)

— verify in advance that the new installation will be operated
in such a way that appropriate preventive measures are
taken against pollution in order to ensure that no signifi-
cant pollution is caused, as provided for in Article 3 of
Directive 96/61. (3)

(1) Council Directive 91/156/EEC of 18 March 1991 amending Direc-

tive 75/442/EEC on waste (OJ 1991 L 78, p. 32).

(2) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975

L 194, p. 39).

(3) Council Directive 96/61/EC of 24 September 1996 concerning inte-

grated pollution prevention and control (OJ L 257, p. 26).