Case T-180/06: Action brought on 7 July 2006 — Fränkischer Weinbauverband v OHIM (three-dimensional mark Bocksbeutel )
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

C 212/34

EN

Official Journal of the European Union

2.9.2006

In support of their forms of order the applicants allege:

— infringement of several of the ESA 95 rules on the classifi-
cation of institutional units in the ‘public administration’ or
‘non-financial corporation’ sectors.

— infringement of the general principles that administrative
acts must state the principles on which they are based and
that the person concerned must be given a hearing.

Pleas in law: The mark applied for is capable of being protected
as it has the necessary distinctive character within the meaning
of Article 7(1)(b) in conjunction with Article 64 of Regulation
(EC) No 40/94 (1). Furthermore, the contested decision infringes
the principle of equal treatment.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) OJ 1996 L 310, p. 1.

Action brought on 7 July 2006 — Fränkischer Weinbau-
verband v OHIM (three-dimensional mark ‘Bocksbeutel’)

(Case T-180/06)

(2006/C 212/61)

Language of the case: German

Parties

(Würzburg,
Applicant:
Germany) (represented by N. Hetzelt and A. Weigand, lawyers)

Fränkischer Weinbauverband

e.V.

Action brought on 6 July 2006 — Italian Republic v
Commission

(Case T-181/06)

(2006/C 212/62)

Language of the case: Italian

Parties

Applicant:
avvocato dello stato)

Italian Republic (represented by: Giacomo Aiello,

Defendant: Commission of the European Communities

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

Form of order sought

Form of order sought

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 25 April 2006 (Case No R 0479/
2004-1);

— order the defendant to publish Community trade mark No
002323301 in accordance with Article 40 of the Com-
munity trade mark regulation and;

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The three-dimensional collec-
tive mark ‘Bocksbeutel’ for goods and services in Classes 32, 33
and 42 (Registration No 2 323 301).

Decision of the Examiner: Partial rejection of the application.

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

— Annul Commission Decision 2006/334/EC of 28 April
2006 (C (2006) 1702) in so far as it excludes from Com-
munity financing certain expenditure incurred by the Italian
the European
Republic under the Guarantee Section of
Agricultural Guidance and Guarantee Fund (EAGGF) and
order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The Italian Republic has brought an action before the Court of
First Instance challenging Commission Decision C (2006) 1702
of 28 April 2006 in so far as it excludes from Community
financing certain expenditure incurred by the applicant under
the European Agricultural Guidance and Guarantee Fund
(EAGGF).

In support of its claims, the applicant alleges infringement and
misapplication of:

— Article 11(1)(c)(4), Article 13(2), Article 15(4)(a), Article
30(1) and (2), and Article 51 of Council Regulation (EC) No
2200/96 of 28 October 1996 on the common organisation
of the market in fruit and vegetables (OJ 1996 L 297 of
2.11.1996, p. 19);