Case T-432/07: Action brought on 29 November 2007 — France v Commission
Date: 2007-11-29
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, France, action for annulment (EU), commitment of expenditure, fruit, interpretation of the law, producer organisation, vegetable

26.1.2008

EN

Official Journal of the European Union

C 22/49

— rejection of Community trade mark No 2.666.386;

— order OHIM to pay the costs including those of the inter-

vener.

applied Article 11 of Council Regulation No 2200/96 (2)
in
finding that the French Government had failed to observe the
conditions laid down in that provision for the recognition of
producers' organisations in the fruit and vegetable sector.

Pleas in law and main arguments

Applicant
company)

for a Community

trade mark: Montebello (limited

Community trade mark concerned: figurative mark ‘MONTEBELLO
Rhum Agricole’
in
(application No 2.266.386)
Class 33 (alcoholic beverages, except beers).

for goods

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant.

Mark or sign cited in opposition: Spanish word mark ‘MONTE-
BELLO’ (No 1.148.196) for goods in Class 33.

Decision of the Opposition Division: opposition upheld.

Decision of the Board of Appeal: decision of the Opposition Divi-
sion upheld and annulled.

Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC)
No 40/94 on the Community trade mark.

(1) Notified under document number C(2007) 4477, OJ 2007 L 261,

p. 28.

(2) Council Regulation (EC) No 2200/96 of 28 October 1996 on the
common organisation of the market in fruit and vegetables (OJ 1996
L 297, p. 1)

Action brought on 22 November 2007 — Ryanair v
Commission

(Case T-433/07)

(2008/C 22/93)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin,
Vahida, lawyer)

Ireland)

(represented by: E.

Action brought on 29 November 2007 — France v
Commission

Defendant: Commission of the European Communities

(Case T-432/07)

(2008/C 22/92)

Language of the case: French

Parties

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

Defendant: Commission of the European Communities

Form of order sought

— annul Commission Decision 2007/647/EC of 3 October
2007 excluding from Community financing certain expendi-
ture incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guar-
antee Fund (EAGGF) (1),
in so far as it excludes certain
expenditure incurred by the applicant for producers' organi-
sations in the fruit and vegetable sector in respect of the
financial years 2003 and 2004;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant seeks the annulment of the contested decision on
the Commission wrongly interpreted and
the ground that

Form of order sought

— To declare in accordance with Article 232 EC that

the
Commission has failed to act pursuant to its obligations
under the EC Treaty by not having defined a position with
respect
lodged with the
Commission on 22 December 2006 followed by a letter of
formal notice of 2 August 2007;

to the applicant's complaint

— to order the Commission to pay the entire costs, including
the costs incurred by the applicant in the proceedings even
if, following the bringing of the action, the Commission
takes action which in the opinion of the Court removes the
need to give a decision or if the Court dismisses the applica-
tion as inadmissible;

— to take such further action as the Court may deem appro-

priate.

Pleas in law and main arguments

The applicant claims that the Commission has failed to act by
not having defined its position, after having been invited to do
so, under Article 232 EC, on the basis of
the applicant's
complaint filed on 22 December 2006, regarding unlawful aid
granted by Greece to Olympic Airlines and Olympic Airways
Services (‘OA/OAS’) following an arbitration ruling of the Greek
Supreme Court, ordering the Greek State to pay OA/OAS
EUR 563 million for allegedly unpaid services and the cost of
relocation to Athens' new airport.