Case T-61/07: Action brought on 26 February 2007 — Italian Republic v Commission
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), advance payment, aid system, exchange of information, structural expenditure

28.4.2007

EN

Official Journal of the European Union

C 95/49

Action brought on 23 February 2007 — Spain v Commis-
sion

Action brought on 26 February 2007 — Italian Republic v
Commission

(Case T-60/07)

(2007/C 95/98)

Language of the case: Spanish

(Case T-61/07)

(2007/C 95/99)

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul Commission Decision 2006/932/EC of 14 December
2006 excluding from Community financing certain expendi-
tures incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guar-
antee Fund (EAGGF), in so far as it relates to the subject-
matter of this action;

— Order the Commission to pay the costs

Pleas in law and main arguments

The Kingdom of Spain challenges the contested Decision, in so
far as it provides for a financial correction in respect of the
failure to meet environmental conditions in the withdrawals of
fruit and vegetables for animal feed in the Valencian Community
during the financial years 2001, 2002 and 2003,
in the
amounts of EUR 2 858 447,88, EUR 4 357 238,89 and
EUR 3 679 878,76 respectively.

In support of its claim, the applicant alleges:

— Non-existence of

the irregularities complained of by the
Commission, since the relevant rules of the Valencian Com-
munity did not give rise to a parallel system of biodegrada-
tion.

— Breach of the principle of proportionality by the financial
correction made, in so far as, the Commission did not estab-
lish the real amount of the financial risk that the supposed
irregularities found entailed for the EAGGF; and secondly,
the controls carried out by the Spanish authorities with
regard to the withdrawal of products for animal feed were
far superior to those required by the Community rules.

— In the alternative, partial

lack of basis for the financial

correction applied.

The applicant claims that the Court should:

— annul memorandum No 12244 of 14.12.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Lazio (No CCI 2000 IT 162 DO
009);

— annul memorandum No 12528 of 19.12.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Piemonte (No CCI 2000 IT 162
DO 007);

— annul memorandum No 12558 of 20.12.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma POR Puglia (No CCI 1999 IT 161 PO 009);

— annul memorandum No 00321 of 16.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Lazio (No CCI 2000 IT 162 DO
009);

— annul memorandum No 00322 of 16.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning certification
of the intermediate statement of expenses and claim for
payment. Ref. DOCUP Veneto Ob. 2 2000-2006 (No CCI
2000 IT 162 DO 005);

— annul memorandum No 00324 of 16.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma POR Sardegna 2000-2006 (No CCI 1999
IT 161 PO 010);

C 95/50

EN

Official Journal of the European Union

28.4.2007

— annul memorandum No 00325 of 16.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma POR Campania 2000-2006 (No CCI 1999
IT 161 PO 007);

— annul memorandum No 00425 of 18.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Toscana Ob. 2 (No CCI 1999 IT
162 DO 001);

— annul memorandum No 00427 of 18.1.2007 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma POR Puglia (No CCI 1999 IT 161 PO 009);

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

Pleas in law and main arguments

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

— order each of the parties to bear its own costs relating to
these proceedings and the proceedings before the Civil
Service Tribunal.

Pleas in law and main arguments

By its judgment of 13 December 2006 in Case F-17/05 de Brito
Sequeira Carvalho v Commission, the Civil Service Tribunal (CST)
upheld in part the action brought by the applicant at first
instance and annulled the Commission decision of 13 July 2004
prohibiting the applicant's access to its buildings and the deci-
sions automatically extending his sick leave.

The Commission bases the appeal, first, on the fact that the
Tribunal adjudicated ultra petita by annulling the Commission
decision of 13 July 2004 prohibiting the applicant's access to its
buildings and, second, on the fact that the judgment under
appeal infringed Community law. The Commission claims that
the Tribunal distorted the facts of the case, that it erred in law
in interpreting the obligation to state the reasons on which a
decision is based and that it infringed the fifth subparagraph of
Article 59(1) of the Staff Regulations. The Commission further
maintains
that by the interpretation in the judgment of
Article 59(5) of the Staff Regulations, the Tribunal distorted the
arbitration procedure provided for in that provision.

(1) OJ C 262, 23.10.04, p. 55.

Action brought on 1 march 2007 — Mülhens v OHIM —
Exportaciones Aceiteras Fedeoliva (tosca de FEDEOLIVA)

Appeal brought on 28 February 2007 by the Commission
of the European Communities against the judgment of the
Civil Service Tribunal delivered on 13 December 2006 in
Case F-17/05 de Brito Sequeira Carbalho v Commission

Parties

(Case T-63/07)

(2007/C 95/101)

Language in which the application was lodged: English

(Case T-62/07 P)

(2007/C 95/100)

Language of the case: French

Parties

Applicant: Mülhens GmbH & Co. KG (Köln, Germany) (repre-
sented by: D. Eickemeier, lawyer)

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

Other party to the proceedings before the Board of Appeal: Exporta-
ciones Aceiteras Fedeoliva, A. I. E. (Jaen, Spain)

Appellant: Commission of the European Communities (repre-
sented by: D. Martin, Agent, and C. Falmagne, lawyer)

Form of order sought

Other party to the proceedings:
Carvalho

José Antonio de Brito Sequeira

Form of order sought by the appellant

— Set aside the judgment of

the Civil Service Tribunal of

13 December 2006 in Case F-17/05;

— dismiss the action brought by Mr Sequeira;

— Annul the decision of the Second Board of Appeal of the
defendant dated 18 December 2006 in Case R 761/2006-2;

— reject the application of the Community trade mark No 3

467 651.

Pleas in law and main arguments

Applicant for the Community trade mark: Exportaciones Aceiteras
Fedeoliva, A. I. E.