Case T-291/03: Judgment of the Court of First Instance of 12 September 2007 — Consorzio per la tutela del formaggio Grana Padano v OHIM — Biraghi (GRANA BIRAGHI) (Community trade mark — Invalidity proceedings — Community word mark GRANA BIRAGHI — Protection of the designation of origin grana padano — Lack of generic nature — Article 142 of Regulation (EC) No 40/94 — Regulation (EEC) No 2081/92)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hard cheese, trade-mark law

20.10.2007

EN

Official Journal of the European Union

C 247/23

3. Orders Olympiaki Aeroporia Ypiresies AE to pay 75 % of its own
costs and of those of the Commission and orders the Commission
to pay 25 % of its own costs and of those of Olympiaki Aeroporia
Ypiresies.

bear a quarter of its own costs and pay a quarter of the costs
incurred by Ms Nikolaou.

(1) OJ C 264, 1.11.2003.

(1) OJ C 112 of 10.5.2003.

Judgment of the Court of First Instance of 12 September
2007 — Nikolaou v Commission

(Case T-259/03) (1)

(Non-contractual
the European
liability — Inquiry
Anti-Fraud Office (OLAF) concerning a Member of the Court
of Auditors — Divulgence of information — Protection of
personal
information — Access to the inquiry file and to
OLAF's report — Sufficiently serious breach of the rules of
law conferring rights on individuals — Causal link — Loss)

of

(2007/C 247/33)

Language of the case: Greek

Parties

Applicant: Kalliopi Nikolaou (Athens, Greece) (represented by: V.
Christianos and V. Vlassi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and C. Ladenburger, acting as
Agents)

Re:

Action for damages, pursuant
to the second paragraph of
Article 288 EC, for the loss suffered by the applicant following
publication of information concerning an inquiry carried out
concerning her by the European Anti-Fraud Office (OLAF) and
OLAF's refusal to grant her access to the inquiry file and to
supply her with a copy of its final report.

Operative part of the judgment

The Court:

1. Orders the Commission to pay Ms Kalliopi Nikolaou compensation

of EUR 3 000;

2. Dismisses the remainder of the action;

Judgment of the Court of First Instance of 12 September
formaggio Grana
2007 — Consorzio per la tutela del

Padano v OHIM — Biraghi (GRANA BIRAGHI)

(Case T-291/03) (1)

(Community
trade mark — Invalidity proceedings —
Community word mark GRANA BIRAGHI — Protection of
the designation of origin ‘grana padano’ — Lack of generic
nature — Article 142 of Regulation (EC) No 40/94 —
Regulation (EEC) No 2081/92)

(2007/C 247/34)

Language of the case: Italian

Parties

Applicant: Consorzio per la tutela del formaggio Grana Padano
(Desenzano del Garda,
(represented by: P. Perani, P.
Colombo and A. Schmitt, lawyers)

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Buffolo and O.
Montalto, Agents)

Intervener in support of the defendant: Italian Republic (represented
by G. Aiello, lawyer)

The other party to the proceedings before the Board of Appeal of
OHIM, intervener before the Court of First Instance, being: Biraghi
SpA, (Cavallermaggiore Italy) (represented by F. Antenucci, F.
Giuggia, P. Mayer and J.-L. Schiltz, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 16 June 2003 (Case R 153/2002-1) relating to
invalidity proceedings between Consorzio per
la tutela del
formaggio Grana Padano and Biraghi SpA

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 16 June 2003 (Case R 153/2002-1);

3. Orders Ms Nikolaou to bear three quarters of her own costs and
three quarters of the costs incurred by the Commission, which is to

2. Orders OHIM to bear its own costs and to pay those incurred by

Consorzio per la tutela del formaggio Grana Padano;

C 247/24

EN

Official Journal of the European Union

20.10.2007

3. Orders the Italian Republic and Biraghi SpA to bear their own

costs.

Netherlands tax authority for application of the aid scheme in ques-
tion but whose request had not yet been determined by that date;

(1) OJ C 289, 29.11.2003.

2. Orders the Commission to pay all the costs.

(1) OJ C 21 of 24.1.2004.

Judgment of the Court of First Instance of 12 September
2007 — Koninklijke Friesland Foods v Commission

(Case T-348/03) (1)

Judgment of the Court of First Instance of 12 September
2007 — González y Díez v Commission

(State aid — Tax scheme of aid implemented by the
Netherlands — International financing activities of groups of
companies — Decision declaring the aid scheme to be incom-
patible with the common market — Transitional provision —
Protection of legitimate expectations — Principle of equal
in bringing
treatment — Admissibility — Legal

interest

proceedings)

(2007/C 247/35)

Language of the case: Dutch

(Case T-25/04) (1)

(State aid — Aid to cover exceptional restructuring costs —
Withdrawal of an earlier decision — Expiry of the ECSC
Treaty — Competence of the Commission — Continuity of the
Community legal order — No infringement of essential proce-
dural requirements — Protection of legitimate expectations —
Manifest error of assessment)

(2007/C 247/36)

Language of the case: Spanish

Parties

Parties

Applicant: Koninklijke Friesland Foods NV, formerly Friesland
Coberco Dairy Foods Holding NV (Meppel, Netherlands) (repre-
sented by: E. Pijnacker Hordijk and W. Geursen, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet, V. Di Bucci and S. Noë, Agents)

Re:

Applicant: González y Díez SA,
(Villabona-Llanera, Spain),
(represented by J. Díez-Hochleitner and A. Martínez Sánchez,
lawyers),

Defendant: Commission of the European Communities (repre-
sented initially by J. Buendía Sierra, acting as Agent, and subse-
quently by C. Urraca Caviedes, acting as Agent, the latter assisted
by Buendía Sierra, lawyer)

Action for annulment of Article 2 of Commission Decision
2003/515/EC of 17 February 2003 on the State aid imple-
mented by the Netherlands for international financing activities
(OJ 2003 L 180, p. 52) in so far as it excludes from the transi-
tional scheme those operators who, as at 11 July 2001, had
lodged a request with the Netherlands tax authority for applica-
tion of the aid scheme in question but whose request had not
yet been determined by that date.

Re:

Action for annulment of Articles 1, 3 and 4 of Commission
Decision 2004/340/EC of 5 November 2003 on aid for
González y Díez SA to cover exceptional expenses (aid for 2001
and misuse of aid for 1998 and 2000), and amending Commis-
sion Decision 2002/827/ECSC (OJ 2004 L 119, p. 26).

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Annuls Article 2 of Commission Decision 2003/515/EC of
the
17 February 2003 on the State aid implemented by
Netherlands for international
financing activities in so far as it
excludes from the transitional scheme which it lays down those
operators who, as at 11 July 2001, had lodged a request with the

1. Annuls Article 3(b),

in so far as it concerns the amount of
EUR 54 057,63 (ESP 8 994 433), and Article 4(1)(b) of
Commission Decision 2004/340/EC of 5 November 2003
concerning aid to the company González y Díez SA to cover excep-
tional costs (aid for 2001 and incorrect use of the aid for 1998
and 2000), amending Decision No 2002/827/ECSC.