Case T-339/06: Action brought on 30 November 2006 — Greece v Commission
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU aid, European Commission, Greece, action for annulment (EU), aid to agriculture, common organisation of markets, viticulture

C 326/80

EN

Official Journal of the European Union

30.12.2006

Mark or sign cited in opposition: German word marks ‘UNIFONDS’
(No 991.995) and ‘UNIRAK’ (No 991.997) and figurative mark
‘UNIZINS’
for services in Class 36 (capital
investment)

(No 2.016.954)

Decision of the Opposition Division: Opposition allowed in part in
so far as there was held to be a likelihood of confusion as
regards capital investments

Decision of the Board of Appeal: to dismiss the action

Pleas in law: Misapplication of the theory of the extended protec-
tion of what are known as serial marks as formulated by the
Court of First Instance in Case T-194/03 Il Ponte Finanziaria v
OHIM [2006] ECR II-0000 (Bainbridge)

Action brought on 30 November 2006 — Greece v
Commission

(Case T-339/06)

(2006/C 326/162)

Language of the case: Greek

annulment or alteration of the decision in so far as the decision
relates to Greece because, in its submission, the Commission:

(a) infringed the obligation of cooperation which governs rela-
tions between it and the Member States by failing to take
account of the information which was transmitted to it by
the applicant;

(b) infringed the principle of good faith and of proper adminis-
tration, not acknowledging a clear computer error of which
it was notified in good and due time by means of the subse-
quent correction;

(c) infringed the principle of equity and of proportionality,
given that the loss of funds for Greece (EUR 1 129 015) is
out of proportion with the allegedly belated correction of
the
information originally
in the
computing
forwarded; and finally

error

(d) infringed the principle that a beneficial result should be
achieved, given that the restructuring and conversion of
vineyards (Articles 11, 13 and 14 of Regulation (EC) No
1493/1999 (1) and Articles 16 and 17 of Regulation (EC)
No 1227/2000 (2)) constitute an important measure for the
qualitative upgrading of Community vineyards and the
unjustified reduction of Greece's financial allocation preju-
dices that Community objective.

(1) OJ 1999 L 179, p. 1.
(2) OJ 2000 L 143, p. 1.

Parties

Applicant: Hellenic Republic (represented by: I. Khalkias and S.
Papaïoannou)

Defendant: Commission of the European Communities

Action brought on 30 November 2006 — Stradivarius
España v OHIM — Ricci (Stradivari 1715)

(Case T-340/06)

(2006/C 326/163)

Form of order sought

Language in which the application was lodged: Spanish

— annul or alter the contested Commission decision in so far
as it concerns the financial allocation for the restructuring
in order that the
and conversion of vineyards in Greece,
correct statistical
trans-
mitted to the Commission on 22 September 2006 be taken
into account and the sums be allocated to Greece.

information which the applicant

Parties

Pleas in law and main arguments

The Hellenic Republic challenges Commission Decision C(2006)
4348 final of 4 October 2006 (OJ 2006 L 275, p. 62) fixing,
for the 2006 financial year and in respect of a certain number
of hectares, the definitive financial allocations to Member States
for the restructuring and conversion of vineyards under Regu-
lation (EC) No 1493/1999. The Hellenic Republic seeks the

Applicant: Stradivarius España (Arteixo, La Coruña, Spain) (repre-
sented by: G. Marín Raigal and P. López Ronda, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Cristina Ricci