Case T-35/06: Action brought on  30 January 2006  — Honig Verband v Commission
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EC Regulation, France, action for annulment (EU), designation of origin, honey, location of production, originating product, product designation

8.4.2006

EN

Official Journal of the European Union

C 86/35

Action brought on 30 January 2006 — Honig Verband v
Commission

(Case T-35/06)

(2006/C 86/71)

Language of the case: German

Parties

Applicant: Honig Verband e. V.
sented by: M. Hagenmeyer and T. Teufer, lawyers)

(Hamburg, Germany)

(repre-

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 1854/2005 of 14
November 2005 supplementing the Annex to Regulation
(EC) No 2400/96 as regards the entry of a name in the
‘Register of protected designations of origin and protected
geographical indications’ (Miel de Provence) (PGI);

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant challenges Regulation (EC) No 1854/2005 (1),
under which the designation of origin ‘Miel de Provence’
is
registered as a protected geographical
indication (PGI) in the
annex to Regulation (EC) No 2400/96 (2). Prior to the enact-
ment of Regulation No 1854/2005 the applicant challenged
the application for registration of the designation ‘Miel de Prov-
ence’ before the competent German authority.

In support of its action the applicant submits three pleas in
law.

that

first,

submits,

It
the contested regulation should be
annulled since it is contrary to the special and conclusive rules
on the designation of origin for honey contained in Directive
2001/110/EC (3).
regulation
constitutes a disproportionate restriction on the free movement
of goods in terms of Article 28 EC.

the defendant's

Furthermore,

Second, in support of its action the applicant submits that the
contested regulation is incompatible with the requirements of
Regulation (EEC) No 2081/92 (4). In that regard, it claims that
Article 2, Article 4 and the second indent of Article 7(4) of
Regulation No 2081/92 have been infringed.

defendant did not deal
concerning the economic effect on an existing designation.

adequately with the

argument

(1) Commission Regulation (EC) No 1854/2005 of 14 November 2005
supplementing the Annex to Regulation (EC) No 2400/96 as
regards the entry of a name in the ‘Register of protected designa-
tions of origin and protected geographical indications’ (Miel de Prov-
ence) (PGI).

(2) Commission Regulation (EC) No 2400/96 of 17 December 1996 on
the entry of certain names in the ‘Register of protected designation
of origin and protected geographical
indications’ provided for in
Council Regulation (EEC) No 2081/92 on the protection of geogra-
phical
indications and designations of origin for agricultural
products and foodstuffs.

(3) Council Directive 2001/110/EC of 20 December 2001 relating to

honey.

(4) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the
protection of geographical indications and designations of origin for
agricultural products and foodstuffs.

Action brought on 3 February 2006 — Transcatab v
Commission of the European Communities

(Case T-39/06)

(2006/C 86/72)

Language of the case: Italian

Parties

Applicant(s): Transcatab S.p.A.
Italy)
(represented by: Cristoforo Osti and Alessandra Prastaro, avvo-
cati)

in Liquidation (Caserta,

Defendant(s): Commission of the European Communities

Form of order sought

The applicant(s) claim(s) that the Court should:

— Annul in part Article 1.1 of Commission Decision C (2005)
4012 def. of 20 October 2005, in which it found that SCC
(and therefore Alliance One) should be held to be jointly
liable for the infringements of Article 81 committed by
Transcatab;

— Consequently reduce the fine imposed on the applicant;

Finally, the applicant alleges that Regulation No 1854/2005
was enacted pursuant to a legally incorrect procedure. The

— Order the Commission to pay the costs in full, including

those of Transcatab.