Case T-381/07: Action brought on 27 September 2007 — Italy v Commission
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU regional policy, European Commission, Italy, action for annulment (EU), advance payment, aid system, exchange of information, structural expenditure

24.11.2007

EN

Official Journal of the European Union

C 283/39

The applicant also alleges infringement of the principle of soli-
darity and genuine cooperation, and criticises the Commission
for failing to engage in dialogue and not making it possible for
to clarify certain contentious issues before it
the applicant
adopted the contested regulation.

The applicant concludes by contending that the contested regu-
lation infringes the right freely to exercise an economic activity
introduces
inasmuch as the prohibition of catches which it
affects persons who are unable in practical terms to alter the
type of activity which they pursue and for whom fishing is their
only means of subsistence, a fortiori as that prohibition is total
and does not allow of any exceptions.

Mark or sign cited in opposition: national mark ‘Roland Garros’ for
goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42.

Decision of the Opposition Division: opposition upheld for all the
goods in dispute.

Decision of the Board of Appeal: appeal brought by the applicant
deemed not filed by reason of the late payment of the appeal
fee.

(1) OJ 2007 L 180, p. 3.
(2) OJ 2006 L 367, p. 1.

Action brought on 27 September 2007 — Italy v
Commission

Action brought on 25 September 2007 — Kaloudis v
OHIM — Fédération Française de Tennis (Roland Garros
SPORTSWEAR)

(Case T-380/07)

(2007/C 283/70)

Language in which the application was lodged: French

(Case T-381/07)

(2007/C 283/71)

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: Dimitrios Kaloudis (Dassia-Corfu, Greece) (represented
by: G. Kaloudis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Fédération Française de Tennis

Form of order sought

— Annul the Decision of the Fourth Board of Appeal of OHIM

of 19 July 2007;

— Allow the application for

the Community trade mark

Roland Garros SPORTSWEAR No 3114477 for Class 25;

— Order the other party to the proceedings before the Board

of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: figurative mark ‘Roland Garros
SPORTSWEAR’
in Class 25 — application
No 3114477.

goods

for

Proprietor of the mark or sign cited in the opposition proceedings:
Fédération Française de Tennis

— annul Memorandum No 007584 of 18 July 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount requested. Ref. DOCUP Toscana Ob. 2 (No CCI 2000
IT 16 2DO 001);

— annul Memorandum No 009059 of 21 August 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands, concerning certifi-
cation and the intermediate statement of expenses and claim
for payment. Ref. DOCUP Veneto Ob. 2 2000-2006
(No CCI 2000 IT 16 2DO 005);

— annul Memorandum No 009061 of 21 August 2007 of the
for Regional
European Commission, Directorate-General
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
payments made by the Commission which differ from the
amount requested. Ref. DOCUP Ob. 2 ‘Lazio’ 2000-2006
(No CCI 2000 IT 16 2DO 009);

— annul Memorandum No 009249 of 29 August 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount
requested. Ref. DOCUP Piemonte 2000-2006
(No CCI 2000 IT 16 2DO 007);

C 283/40

EN

Official Journal of the European Union

24.11.2007

— annul Memorandum No 009525 of 6 September 2007 of
the European Commission, Directorate-General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount
POR ‘Campania’ 2000-2006
(No CCI 1999 IT 16 1PO 007);

requested. Ref.

— 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 the same as those
relied on in Case T-345/05 Italian Republic v Commission (1).

(1) OJ C 262 of 23.10.2004, p. 55.

In support of its action, firstly, the applicant submits that the
contested regulation must be annulled because of
lack of
reasoning since it does not state the reasons for which it widens
the scope of the restrictions on use applicable to drift nets to
include stabilised nets such as thonailles.

Secondly, it submits that the contested regulation also breaches
the principle of proportionality in that the prohibition of drift
nets, as they are defined,
is manifestly inappropriate having
regard, on the one hand, to the objectives pursued by that
prohibition and, on the other, to the particular characteristics of
the thonaille in comparison with other types of drift net.

Finally, the applicant claims that the prohibition on drift nets as
defined in Regulation No 809/2007 is discriminatory in that
treating the thonaille type of net in the same manner as other
drift nets is not justified, having regard to their characteristics.

(1) OJ 2007 L 182, p. 1.
(2) Council Regulation (EC) No 894/97 of 29 April 1997 laying down
certain technical measures for the conservation of fishery resources
(OJ 1997 L 132, p. 1).

Action brought on 5 October 2007 — France v Council

(Case T-382/07)

(2007/C 283/72)

Language of the case: French

Parties

Applicant: French Republic (represented by: E. Belliart, G. de
Bergues and A.-L. During, Agents)

Defendant: Council of the European Union

Form of order sought

— Annul Council Regulation (EC) No 809/2007 of 28 June
2007 amending Regulations
(EC)
No 812/2004 and (EC) No 2187/2005 as concerns drift
nets (1);

(EC) No 894/97,

— Order the Council to pay the costs.

Action brought on 10 October 2007 — Comune di Napoli
v Commission

(Case T-388/07)

(2007/C 283/73)

Language of the case: Italian

Parties

Applicant: Comune di Napoli
lawyer, and G. Tarallo, lawyer)

(represented by: F. Sciaudone,

Defendant: Commission of the European Communities

Pleas in law and main arguments

Form of order sought

The Regulation contested in the context of the present action is
intended to give a uniform definition of drift nets. The applicant
disputes the definition as laid down by the Regulation in that it
includes nets such as ‘thonailles’ in the category of drift nets
and thus includes them within the scope of the prohibition on
their use laid down in Article 11a of Regulation No 894/97 (2).

— Annul Decision C(2007) 3893 of the European Commission

of 8 August 2007;

— order the Commission to make good the damage;

— order the Commission to pay the costs of the proceedings.