Case T-226/04: Judgment of the Court of First Instance of  15 March 2006  — Italian Republic v Commission (Action for annulment — Regulation (EC) No 316/2004 — Common organisation of the market in wine — Protection of traditional terms — Amendment of classification of certain additional traditional indications — Use in labelling of wine originating in third countries — Procedural defect — Principle of proportionality — TRIPs Agreement)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), designation of origin, labelling, preparation for market, product designation, viticulture, wine

C 108/20

EN

Official Journal of the European Union

6.5.2006

Judgment of the Court of First Instance of 15 March 2006
— Kimman v Commission

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

(Case T-44/04) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

Action

(2006/C 108/34)

Language of the case: French

for annulment of the decision of the Second Board of Appeal
of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting
the application for registration as a Community trade mark of
a three-dimensional sign in the form of a bottle.

Parties

Operative part of the judgment

Applicant: Eugène Kimman (Overijse, Belgium) (represented by:
N. Lhoëst and E. De Schietere de Lophem, lawyers)

The Court:

1. Dismisses the action.

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and A. Bouquet, acting as Agents)

2. Orders the applicant to pay the costs.

Re:

(1) OJ C 168, 26.6.2004.

Application for annulment of the Commission's decision of 20
December 2002 setting the applicant's final classification at
Grade B5 and, as far as is necessary, annulment of the Commis-
sion's decision of 1 October 2003 rejecting the applicant's
complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 94, 17.4.2004.

Judgment of the Court of First Instance of 15 March 2006
— Italian Republic v Commission

(Case T-226/04) (1)

(Action for annulment — Regulation (EC) No 316/2004 —
Common organisation of the market in wine — Protection of
traditional terms — Amendment of classification of certain
additional traditional indications — Use in labelling of wine
originating in third countries — Procedural defect — Prin-
ciple of proportionality — TRIPs Agreement)

(2006/C 108/36)

Language of the case: Italian

Judgment of the Court of First Instance of 15 March 2006
— Develey v OHIM

Parties

(Case T-129/04) (1)

(Community trade mark — Three-dimensional mark —
Shape of a plastic bottle — Refusal of registration — Abso-
lute ground of refusal — Lack of distinctive character —
Earlier national trade mark — Paris Convention — TRIPs
Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)

(2006/C 108/35)

Language of the case: German

Parties:

Applicant: Develey Holding GmbH & Co. Beteiligungs KG
(Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and
H. Kunz-Hallstein, lawyers)

Applicant: Italian Republic (represented by: M. Fiorilli, avvocato
dello Stato)

Defendant: Commission of the European Communities (repre-
sented by: N. Nolin and V. Di Bucci, acting as Agents)

Re:

Application for partial annulment of Commission Regulation
(EC) No 316/2004 of 20 February 2004 amending Regulation
(EC) No 753/2002 laying down certain rules for applying
Council Regulation (EC) No 1493/1999 as regards the descrip-
tion, designation, presentation and protection of certain wine
sector products (OJ 2004 L 55, p. 16), in so far as it amends
Articles 24, 36 and 37 of Commission Regulation No
753/2002 (OJ 2002 L 118, p. 1), concerning the protection of
traditional terms

6.5.2006

EN

Official Journal of the European Union

C 108/21

Operative part of the judgment

The Court:

1. Dismisses the action.

Order of the Court of First Instance of 8 March 2006 —
Service Station Veger v Commission

(Case T-238/99) (1)

2. Orders the Italian Republic to pay the costs.

(Application initiating proceedings — Procedural require-
ments — Action manifestly inadmissible)

(1) OJ C 179 of 10.7.2004

(2006/C 108/38)

Language of the case: Dutch

Judgment of the Court of First Instance of 8 March 2006
— Lantzoni v Court of Justice

(Case T-289/04) (1)

Parties

Applicant: Service station V/H J.P. Veger (Maria Hoop, the Neth-
erlands) (represented by: P. Brouwers, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Rozet and H. Speyart initially, then G. Rozet and
H. van Vliet, acting as Agents)

(Officials — Promotion — Award of promotion points —
Link to the staff report)

Re:

(2006/C 108/37)

Language of the case: French

Parties

Applicant: Dimitra Lantzoni
initially and then by M. Bouche, lawyers)

(represented by: C. Marhuenda

Defendant: Court of
(represented by: M. Schauss, agent)

Justice of

the European Communities

Re:

Application for annulment of the decision of the appointing
authority of the Court of Justice of the European Communities
of 7 October 2003 concerning the promotion points awarded
to the applicant under the 1999-2000 procedure and the 2001
procedure

Operative part of the judgment

The Court:

1. Dismisses the application as inadmissible in so far as it relates to
the award of promotion points for the 1999-2000 procedure;

2. Dismisses the remainder of the application as unfounded;

3. Orders each party to bear its own costs.

for

annulment

Application
Commission Decision
1999/705/EC of 20 July 1999 on the State aid implemented by
the Netherlands for 633 Dutch service stations located near the
German border (OJ 1999 L 280, p. 87)

of

Operative part of the order

1. The application is dismissed.

2. The applicant is ordered to pay the costs.

(1) OJ C 6, 8.1.2000.

Order of the Court of First Instance of 17 February 2006
Commission v Trends and Others

(Case T-448/04) (1)

(Arbitration clause — Plea of inadmissibility — Action
against the partners of a company)

(2006/C 108/39)

Language of the case: Greek

(1) OJ C 262 of 23.10.2004.

Parties:

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia, acting as Agent, assisted by M. Bra, K.
Kapoutzidou and S. Chatzigiannis, lawyers)