Case T-282/04: Judgment of the Court of First Instance of 22 November 2006 — Italy v Commission (EAGGF — Expenditure excluded from Community financing — Financial corrections — Rural development — Aid to the least well-off)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Italy, Tuscany, action for annulment (EU), food aid, installation allowance, rural development

C 331/34

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court of First Instance of 12 December
2006 — SELEX Sistemi Integrati v Commission

Judgment of the Court of First Instance of 14 December
2006 — Branco v Commission

(Case T-155/04) (1)

(Competition — Abuse of a dominant position — Concept of
an ‘undertaking’ — Complaint — Rejection)

(Case T-162/04) (1)

(European Social Fund (ESF) — Reduction of financial assis-
tance — Subcontracting — Reasonable time)

(2006/C 331/75)

Language of the case: Portuguese

(2006/C 331/74)

Language of the case: Italian

Parties

Parties

Applicant: Eugénio Branco, Lda (Lisbon, Portugal) (represented by:
B. Belchior, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and A. Weimar, Agents)

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA, Rome (Italy) (represented by F. Sciaudone, lawyer)

Re:

Defendant: Commission of the European Communities (repre-
sented initially by P. Oliver and L. Visaggio, and subsequently by
A. Bouquet, L. Visaggio and F. Amato, agents)

Intervener in support of the defendant: Organisation européenne
pour la sécurité de la navigation aérienne (Eurocontrol) (Euro-
pean Organisation for the Safety of Air Navigation) (represented
by F. Montag and T. Wessely, lawyers)

Re:

Application for annulment or amendment of the Commission
applicant's
decision of 12 February 2004 rejecting the
complaint relating to alleged breach by Eurocontrol of
the
provisions of the EC Treaty in the field of competition)

Action for annulment of the decision of the Commission of 8
August 2003 reducing the assistance of the European Social
Fund (ESF) and, therefore, rejecting the application for payment
of the balance of the assistance from the ESF, initially approved
for operational program 87 03 01 P1.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 217, 28.8.2004.

Operative part of the judgment

The Court:

1. Dismisses the action;

Judgment of the Court of First Instance of 22 November
2006 — Italy v Commission

(Case T-282/04) (1)

(EAGGF — Expenditure excluded from Community financing
— Financial corrections — Rural development — Aid to the
least well-off)

2. Orders SELEX Sistemi Integrati SpA to bear its own costs and pay

those incurred by the Commission;

3. Orders the European Organisation for the Safety of Air Navigation

to bear its own costs.

Parties

(2006/C 331/76)

Language of the case: Italian

(1) OJ C 179, 10.7.2004.

Applicant: Italian Republic (represented by: G. De Bellis, avvocato
dello Stato)

Defendant: Commission (represented by: C. Cattabriga and L.
Visaggio, Agents)

30.12.2006

EN

Official Journal of the European Union

C 331/35

Re:

Operative part of the judgment

Partial annulment of Commission Decision 2004/457/EC of
29 April 2004 excluding from Community financing certain
expenditure incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2004 L 202, p. 35) in as far as it concerns
certain expenditure made by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action.

The Court:

1. Dismisses the action;

2. Orders the applicant to pay its own costs, the whole of the costs
relating to the procedural
issue concerning its substitution for
Ferrero OHG mbH, and half of the costs incurred by the inter-
vener;

3. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) to pay its own costs and half of those incurred
by the intervener.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 262, 23.10.2004.

(1) OJ C 251, 9.10.2004.

Judgment of the Court of First Instance of 15 December
2006 — Ferrero Deutschland v OHIM — Cornu (FERRO)

(Joined Cases T-314/04 and T-414/04) (1)

Judgment of the Court of First Instance of 14 December
2006 — Germany v Commission

(Case T-310/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark FERRO — Earlier
national word mark FERRERO — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94 — Similarity of goods)

(2006/C 331/77)

Language of the case: French

Parties

Applicant: Ferrero Deutschland GmbH (Stadtallendorf, Germany),
allowed to replace Ferrero OHG mbH (represented by: M.
Schaeffer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Cornu SA Fontain
(Fontain, France) (represented by: D. Waelbroeck, lawyer)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 17 March 2004 (Case R 540/2002-4),
relating to opposition proceedings between Ferrero OHG and
Cornu SA Fontain.

(European Regional Development Fund — Reduction of finan-
cial assistance — Action for annulment — Act against which
proceedings can be brought — Preparatory act — Inadmissi-
bility)

(2006/C 331/78)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: C.-D.
Quassowski, Agent, and C. von Donat, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Wilms and L. Flynn, Agents)

Re:

Actions for annulment of the decisions contained in two letters
of the Directorate-General for Regional Policy of the Commis-
sion of 17 May and 9 August 2004 sent to the applicant
the assistance from the European
concerning reduction of
Regional Development Fund granted for
the Objective 2
Programme 1997-1999 North Rhine-Westphalia and the Opera-
tional Programme Resider II North Rhine-Westphalia 1994-
1999, and the refusal in consequence to pay the applicant the
balances of EUR 5 488 569,24 and EUR 2 268 988,33 respec-
tively.