Case T-83/05: Action brought on 18 February 2005 by the Italian Republic against the Commission of the European Communities
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: EU financing arrangements, European Commission, Italy, action for annulment (EU), operational programme

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’;