Case T-308/05: Action brought on 10 August 2005 — Italian Republic/Commission of the European Communities
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: Apulia, European Commission, Italy, Latium, aid system, operational programme

C 257/16

EN

Official Journal of the European Union

15.10.2005

Pleas in law: It is irrelevant from a legal viewpoint that the mark
applied for is a geometric figure, since in respect of the role of
trade marks and their capability of working as company signs,
only the assessment of the average consumer who is reasonably
well
informed and reasonably observant and circumspect is
relevant. The defendant has breached that principle of assess-
ment in the contested decision. The figure in the form of a
pentagon is unusual and striking and therefore has distinctive
character and indicates the company origin. Article 7(1)(b) of
Regulation (EC) No 40/94 of 20 December 1993 on the Com-
munity trade mark does not thereby preclude registration of
the mark of the applicant for which protection is sought.

Action brought on 10 August 2005 — Italian Republic/
Commission of the European Communities

(Case T-308/05)

(2005/C 257/30)

Language of the case: Italian

Parties:

in Cyprus,
Commission — Programmes and projects
Greece, Hungary,
Italy, Malta and the Netherlands —
concerning POR Apulia 2005-2006 (No CCI 1999 IT 16
PO 009) — Payment from the Commission different from
the amount requested;

— annul memorandum No 05728 of 17 June 2005 of the
the European
Regional Policy Directorate General of
in Cyprus,
Commission — Programmes and projects
Greece, Hungary,
Italy, Malta and the Netherlands —
concerning POR Apulia 2005-2006 (No CCI 1999 IT 16
PO 009) — Payment from the Commission different from
the amount requested;

— annul memorandum No 05952 of 17 June 2005 of the
Regional Policy Directorate General of
the European
Commission — Programmes and projects
in Cyprus,
Italy, Malta and the Netherlands —
Greece, Hungary,
concerning POR Apulia 2005-2006 (No CCI 1999 IT 16
PO 009) — Payment from the Commission different from
the amount requested;

— annul all related and prior measures; and

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are the same as those
relied on in Case T-345/04 Italian Republic v Commission. (1)

Applicant: Italian Republic (represented by: Antonio Cingolo,
Avvocato dello Stato)

(1) OJ C 262 of 23.10.2004, p. 55.

Defendant: Commission of the European Communities

Form of order sought:

The applicant claims that the Court should:

— annul memorandum No 05272 of 7 June 2005 of the
the European
Regional Policy Directorate General of
Commission — Programmes and projects
in Cyprus,
Greece, Hungary, Italy, Malta and the Netherlands — Italy
and Malta — concerning POR Campania Ob. 1 — 2005-
2006 (No CCI 1999 IT 16 1 PO 007) — Declaration of
interim expenditure and request for payment;

— annul memorandum No 05453 of 8 June 2005 of the
the European
Regional Policy Directorate General of
in Cyprus,
Commission — Programmes and projects
Greece, Hungary,
Italy, Malta and the Netherlands —
concerning DOCUP Ob. 2 — Latium 2005-2006 (No CCI
2000 IT 16 2 DO 009) — Payment from the Commission
different from the amount requested;

Action brought on 10 August 2005 — Microsoft/Commis-
sion

(Case T-313/05)

(2005/C 257/31)

Language of the case: English

Parties:

Applicant(s): Microsoft Corporation (Washington, USA) [repre-
sented by: J.-F. Bellis, lawyer, I. Forrester, QC]

— annul memorandum No 05726 of 17 June 2005 of the
the European

Regional Policy Directorate General of

Defendant(s): Commission of the European Communities