Case T-335/06: Action brought on 22 November 2006 — Italy v Commission
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for failure to act, common organisation of markets, market support, poultrymeat

30.12.2006

EN

Official Journal of the European Union

C 326/79

Action brought on 22 November 2006 — Italy v Commis-
sion

(Case T-335/06)

(2006/C 326/160)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Form of order sought

— declare that the Commission has failed to act in that, after
being formally called upon to act, in accordance with Article
232 EC, it unlawfully omitted to adopt exceptional measures
to support the Italian market in poultrymeat, pursuant to
Article 14 of Council Regulation No 2777/75, as regards
the chicks that were destroyed for lack of battery brooder
pens in the areas affected by avian influenza and subject to
veterinary measures restricting free circulation in the period
from December 1999 to September 2003;

— order the defendant to pay all fees and costs entailed by the

proceedings.

Pleas in law and main arguments

The Italian Government has brought an action for failure to act
before the Court of First Instance of the European Communities
on account of the failure of the European Commission to adopt
exceptional measures to support the Italian market in poultry-
meat.

and committed an error of assessment regarding the situa-
tion of the Italian poultry market, as well as regarding the
information available to it concerning the production struc-
ture;

(3) infringement and misinterpretation of Article 14 of Regu-
lation No 2777/75 in that the unjustified refusal of the
Commission to grant exceptional measures to support the
market in respect of the day-old chicks destroyed for lack of
battery brooder pens was based on an incorrect interpreta-
tion of Article 14 of Regulation No 2777/75;

(4) breach of the principles of sound administration, imparti-

ality, fairness and transparency.

Action brought on 28 November 2006 — UniCredito
Italiano v OHIM –Union Investment Privatfonds (UniCredit
Wealth Management)

(Case T-337/06)

(2006/C 326/161)

Language in which the application was lodged: Italian

Parties

Applicant: UniCredito Italiano SpA (Genoa, Italy)
by: G. Floridia and R. Floridia, lawyers)

(represented

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

Other party to the proceedings before the Board of Appeal of OHIM:
Union Investment Privatfonds GmbH

In support of its action, the Italian Government claims:

Form of order sought

(1) breach of the principle of non-discrimination between Com-
munity producers, laid down in the second subparagraph of
Article 34(2) EC, in that, after Italy had been granted excep-
tional measures in support only of
the market in eggs,
analogous measures for the market in poultrymeat were
Italian poultry producers
that
refused, with the result
suffered discrimination as compared with Dutch poultry
producers, contrary to the second subparagraph of Article
34(2) of the EC Treaty;

(2) misuse of power and manifest error of assessment on the
part of the Commission which, by refusing to adopt excep-
tional measures to support the market also in respect of the
day-old chicks destroyed for lack of battery brooder pens,
exceeded the powers conferred on it by the basic regulation
on the common organisation of the market in poultrymeat

— annulment of the contested decision

Pleas in law and main arguments

Applicant for a Community trade mark: UniCredito Italiano

Community trade mark concerned: Word mark ‘UniCredit Wealth
Management’ (registration application No 2.330.066) for goods
and services in Classes 16, 35, 36, 41 and 42

Proprietor of the mark or sign cited in the opposition proceedings:
Union Investment Privatfonds GmbH