Case T-375/05: Judgment of the Court of First Instance of 15 October 2008 — Le Canne v Commission (Agriculture — Community financial assistance — Financial irregularity vitiating the request for payment of the balance — Decision to reduce the assistance — Expiry of the limitation period — Action for annulment and damages)
Date: 2008-10-15
Institutions: Court of First Instance
Subjects: EU financing arrangements, European Commission, action for annulment (EU), aquaculture

C 313/28

EN

Official Journal of the European Union

6.12.2008

Judgment of the Court of First Instance of 15 October
2008 — Le Canne v Commission

Order of the Court of First Instance of 15 October 2008 —
v OHIM — Manpower
Powerserv

Personalservice

(Case T-375/05) (1)

(Agriculture — Community financial assistance — Financial
irregularity vitiating the request for payment of the balance
— Decision to reduce the assistance — Expiry of the limita-
tion period — Action for annulment and damages)

(2008/C 313/48)

Language of the case: French

(MANPOWER)

(Case T-405/05) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark MANPOWER — Absolute grounds for
refusal — Descriptive character — Partial alteration —
Distinctive character acquired through use — Article 7(1)(c),
Article 51(1) and (2) and Article 63(3) of Regulation (EC)
No 40/94)

(2008/C 313/49)

Language of the case: German

Parties

Applicant: Azienda Agricola ‘Le Canne’ Srl (Rovigo, Italy) (repre-
sented by: G. Carraro and F. Mazzonetto, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: C. Cattabriga and L. Visaggio, Agents, and A. Dal
Ferro, lawyer)

Re:

Application to annul Decision C(2005) 2939 of 26 July 2005
reducing the outstanding balance of Community financial assis-
tance granted to the application for the modernisation and
renovation of
its fish farm facilities and an application for
compensation for harm arising from that reduction.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2005) 2939 of 26 July 2005 in
so far as it reduces the Community financial assistance granted to
Azienda Agricola ‘Le Canne’ Srl for project IT/0016/90/02 on
account of the imputation to the eligible expenditure to that assis-
tance of the profit made by Giradello SpA for the performance of
works related to that project.;

2. Dismisses the action for damages

3. Orders the Commission to pay the costs.

(1) OJ C 296, 26.11.2005.

Applicant: Powerserv Personalservice GmbH, formerly Manpower
Personalservice GmbH (Sankt Pölten, Austria) (represented by: B.
Kuchar, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
and intervener before the Court of First Instance: Manpower, Inc.
(Milwaukee, Wisconsin, United States) (represented initially by:
R. Moscona, Solicitor, subsequently by R. Moscona and A.
Bryson, Barrister, and lastly by A. Bryson and V. Marsland, Soli-
citor)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 22 July 2005 (Case R 499/2004-4) relating
to an application for a declaration that Community trade mark
No 76059, MANPOWER, is invalid.

Operative part of the order

1. Alters the Decision of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 22 July 2005 in Case R 499/2004-4 relating to an
application for a
trade mark
No 76059, MANPOWER, is invalid, to the effect that that trade
mark is not descriptive,
in the Netherlands, Sweden, Finland or
Denmark, of the goods and services for which it was registered. The
operative part of that decision is maintained.

declaration that Community

2. Dismisses, as to the remainder, the application by Manpower Inc.
seeking alteration of the above decision of the Board of Appeal of
OHIM.