Case T-259/05: Action brought on 8 July 2005 by Kingdom of Spain against the Commission of the European Communities
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, European Commission, Spain, action for annulment (EU), aid to agriculture, fraud against the EU

C 217/52

EN

Official Journal of the European Union

3.9.2005

Action brought on 8 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

(Case T-255/05)

(2005/C 217/108)

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

(Language in which the application was lodged: English)

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No. 2868/1995 (1).

sufficiently

clearly

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 July
2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1

— annul the contested decision of the First Board of Appeal of

the OHIM of 27 April 2005 (Case R 722/2004-1);

Action brought on 8 July 2005 by Kingdom of Spain
against the Commission of the European Communities

— declare opposition proceedings B503 468 inadmissible;

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

(Case T-259/05)

(2005/C 217/109)

Pleas in law and main arguments

(Language of the case: Spanish)

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

The applicant

Colour figurative mark in black
and yellow, in the form of a tool
for goods in Class 7 (manually
operated portable electric power
tools etc.)

Atlas Copco Aktiebolag

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 July 2005 by the Kingdom of
Spain, having its seat in Madrid, represented by its Agent,
Miguel Muñoz Pérez.

The applicant claims that the Court should:

— annul Commission Decision 2005/354/EC of 29 April
2005 excluding from Community financing certain expen-
diture incurred by the Member States under the Guarantee
Section of the EAGGF (1) in the part being the object of the
action;

— order the Commission of the European Communities to

pay the costs.

3.9.2005

EN

Official Journal of the European Union

C 217/53

Pleas in law and main arguments

The present action is brought against Commission Decision
2005/354/EC of 29 April 2005 excluding from Community
financing certain expenditure incurred by the Member States
the European Agricultural
under the Guarantee Section of
Guidance and Guarantee Fund (EAGGF). The aspects of that
decision which are specifically challenged are as follows:

— imposition of a correction of 100 % of the expenditure
declared in production aid for textile flax in the financial
years 1998/1999 and 1999/2000. The applicant claims
that the irregularities which would justify the imposition of
that correction do not exist, since:

— the correction of 100 % of the expenditure is of an
exceptional nature which the Commission has not justi-
fied;

— the OLAF report on which the Commission relies
suffers from significant technical defects which make it
impossible to extend its findings to the entire flax sector
in Spain;

corresponding to the financial years 1996/1997 and
1997/1998 respectively. On that point,
the applicant
claims, by way of breach of an essential procedural require-
failure to fulfil the obligation to hold a bilateral
ment,
meeting with the Member State concerned. In the alterna-
tive, the applicant also claims:

— that there was no failure to fulfil an obligation which
would justify the imposition of the correction applied,
since that correction is based on failure to comply with
the objectives underlying the common organisation of
the markets in flax and hemp, and also an unwarranted
comparison between the situation in the flax sector and
the situation in the hemp sector; and

— inadequate justification for the increase in the percen-
tage of the correction between the financial years 1997
and 1998 and those of 1999 and 2000.

— Imposition, as regards the compensatory aid for bananas, of
a correction of 5 % of the expenditure corresponding to the
financial year 2000. In relation to this part of the applica-
tion,
irregularities
which would justify the imposition of a correction percen-
tage.

the applicant denies the existence of

— the Commission has not taken into account the activ-

ities of the Spanish authorities in that sphere; and

(1) OJ L 112 of 3.5.2005, p. 14

— the Commission has not sufficiently justified the general
scope of the loss sustained by the Community budget as
a result of the irregularities present in the system for the
administration of aid for textile flax.

— Imposition of a correction of 25 % of

the expenditure
declared in production aid for textile flax in the financial
years 1996/1997 and 1997/1998. In that regard, the appli-
cant claims:

— breach of essential procedural requirements during the
procedure which led to the adoption of the financial
correction, as that correction was applied without the
Member State having had the opportunity to provide
the information sought by the Commission before the
bilateral meeting was held; and, in the alternative,

— absence of irregularities which would justify the finan-
cial correction made, since that correction cannot be
based on failure to comply with the objectives under-
lying the common organisation of the markets in flax
and hemp, when the Commission itself recognises that
all the procedural conditions for the grant of the aid
were fulfilled.

— Imposition, as regards production aid for hemp, of one
correction of 10 % and another of 25 % of the expenditure

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-262/05)

(2005/C 217/110)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.