Case T-172/06: Action brought on 23 June 2006 — Expasa v OHIM — Juan Gallardo Blanco (figurative mark H )
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), livestock, trade-mark law

12.8.2006

EN

Official Journal of the European Union

C 190/29

— annul Memorandum No 04468 of 29 May 2006 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands — concerning
payments made by the Commission which differ from the
amount requested. Ref. Programme PEP Sardegna 2000-
2006 (No CCI 1999 IT 16 1 PO 010);

— annul all related and prior measures and, consequently,
order the Commission of the European Communities to
pay the costs.

Applicant for the declaration of invalidity: Juan Gallardo Blanco.

Trade mark right of applicant for the declaration: Spanish figurative
(letter written in bold type, slightly
mark No 198 648 ‘H’
inclined, with a curve in the horizontal stroke and crossed by a
trail in the colours sky blue and deep red), for goods in Class
31 (‘livestock breeding of all kinds, except horses’).

Decision of the Cancellation Division: Declaration of nullity of the
Community trade mark in its entirety.

Pleas in law and main arguments

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

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Articles 40(2) and 74(2) of Regu-
lation (EC) No 40/94 on the Community trade mark.

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

Action brought on 27 June 2006 — Inalca and Cremonini
v Commission

Action brought on 23 June 2006 — Expasa v OHIM —
Juan Gallardo Blanco (figurative mark ‘H’)

(Case T-172/06)

(2006/C 190/53)

Language in which the application was lodged: Spanish

Parties

(Case T-174/06)

(2006/C 190/54)

Language of the case: Italian

Parties

Applicant: Expasa, Agricultura y Ganadería, S.A. (Madrid, Spain)
(represented by: J.C. Valle Valiente)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Juan Gallardo Blanco

Form of order sought

— Grant the application;

— Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: Figurative mark ‘H’ (letter written in
bold type and with a curve in the horizontal stroke) (appli-
cation for registration No 1 255 751, for goods in Class 31).

Proprietor of the Community trade mark: The applicant.

Applicants: Inalca and Cremonini (Modena, Italy) (represented
by: Francesco Sciaudone, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— Declare that the Commission is liable for non-contractual

damages;

— declare that the applicants have suffered damage, assessed

at EUR 2 861 000;

— order the Commission to make good such damage together
with compensatory interest and interest on any arrears;

— order the defendant to pay the costs.

Pleas in law and main arguments

The present action seeks compensation for
loss allegedly
suffered by the applicant companies as a result of the adoption
of the letter of 6 July 1998 in which UCLAF communicated to
the Italian authorities the findings — which the applicants
consider wholly inaccurate — of its investigation into alleged
irregularities in the export, with refunds, of beef and veal to
Jordan and made allegations which also had criminal-law impli-
cations against both companies and their directors.