Case T-143/05: Action brought on 11 April 2005 by the United Kingdom against the Commission of the European Communities
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for annulment (EU), tradeable emission permit

14.5.2005

EN

Official Journal of the European Union

C 115/39

Alejandro Sánchez Villar was also a party to the proceedings
before the Board of Appeal.

Action brought on 11 April 2005 by the United Kingdom
against the Commission of the European Communities

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) of 17 December 2004 in Case R
629/2004-2 partially refusing Community trade mark
application No 1997600 ‘WAL-MART’;

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

(Case T-143/05)

(2005/C 115/69)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 April 2005 by the United
Kingdom, represented by C.
Jackson, agent, assisted by M.
Hoskins, Barrister.

The applicant claims that the Court should:

Community trade mark
sought:

‘WAL-MART’ — Application No
1 997 600 for goods and services
in all classes except Class 35

— annul the refusal of the Commission contained in its letter
of 1 February 2005 to consider the amended national allo-
cation plan submitted by the United Kingdom on 10
November 2004; and;

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

Alejandro Sánchez Villar

— order the Commission to pay the United Kingdom's costs of

this action.

Mark or sign cited in
opposition:

‘WAL-MART’

Spanish
(No
1 732 588) for goods in Class 7
(machinery for gardening)

Pleas in law and main arguments

Decision of the Opposi-
tion Division:

Opposition partially upheld for
the following products: Machines
and machine tools, motors and
engines (except for land vehicles),
machine coupling and transmis-
sion components (except for land
vehicles), agricultural
implements
other
than hand operated' and
dismissed the opposition for the
remainder
and
the
services applied for.

goods

of

Decision of
of Appeal:

Pleas in law:

the Board

Application dismissed

Infringement of Article 43(2) and
Article 8(1)(b) of Regulation (EC)
No 40/94

the European Parliament and of

On 30 April 2004, the United Kingdom notified a provisional
national allocation plan to the Commission pursuant to Direc-
tive 2003/87/EC of
the
Council of 13 October 2003 establishing a scheme for green-
house gas emission allowance trading within the Community
and amending Council Directive 96/61/EC (1). A number of
ongoing activities were identified in the plan, which according
to the United Kingdom had a provisional character.

On 7 July 2004,
the Commission adopted Decision
C(2004)2515/4 final concerning the submitted plan identifying
certain incompatibilities with Annex III of the Directive.

Following the completion of the activities identified in the
provisional national allocation plan, the United Kingdom noti-
fied the Commission on 10 November 2004 that it wished to
amend the provisional national allocation plan to take account
of the results of this work.

By letter of 1 February 2005 the Commission informed the
United Kingdom that its request to amend its national alloca-
tion plan was inadmissible as an increase of the total quantity
of allowances of 19,8 million tonnes did not aim at addressing
the incompatibilities identified in the Commission's Decision.

C 115/40

EN

Official Journal of the European Union

14.5.2005

The United Kingdom challenges this refusal and submits that
the Commission's letter of 1 February 2005 is a reviewable act
under Article 230 EC as it is intended to have legal effects since
to
the Commission has adopted a definitive position as
whether the United Kingdom is entitled to make amendments
to the provisional national allocation plan.

The United Kingdom further alleges that
letter of 1 February 2005 is wrong as a matter of law since:

the Commission's

— Articles 9(1), 9(3) and 11(1) of the Directive allow for
amendments to be made to the total quantity of allowances
that a Member State will allocate after the adoption of a
decision by the Commission under Article 9(3) of the Direc-
tive,

— Article 3(3) of the Commission's Decision C(2004)2515/4
final envisages that amendments may be made to deal with
matters other than the incompatibilities identified in the
Decision, and

— the United Kingdom cannot fully comply with its obliga-
tions under Article 11(1) of the Directive until the Commis-
sion has considered the amended national allocation plan in
accordance with Article 9(3) of the Directive.

(1) OJ L 275 of 25 October 2003, p. 32.

Removal from the Register of Case T-289/99 (1)

(2005/C 115/70)

(Language of the case: Dutch)

By order of 28 January 2005, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-289/99, V.O.F. Heiliger, supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

Removal from the Register of Case T-122/03 (1)

(2005/C 115/71)

(Language of the case: German)

the Court of First

By order of 9 February 2005, the President of the Second
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-122/03, AGA AB v Commission of
the European
Communities.

Instance of

(1) OJ C 171 of 19.7.2003.

Removal from the Register of Case T-197/03 (1)

(2005/C 115/72)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-197/03, Proras Srl Engineering and Contracting v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 184 of 2.8.2003.

Removal from the Register of Case T-412/03 (1)

(2005/C 115/73)

(Language of the case: German)

the Fifth
By order of 25 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-412/03, Angelo Wille v European Parliament.

the President of
Instance of

(1) OJ C 63 of 4.3.2000.

(1) OJ C 94 of 17.4.2004.