Case T-263/06: Judgment of the Court of First Instance of 26 November 2008 — Greece v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Measures ancillary to rural development — Time-limit of 24 months — Assessment of the expenditure to be excluded — Key controls — Principle of ne bis in idem — Extrapolation of the findings of default — Principle of proportionality)
Date: 2008-11-26
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Greece, action for annulment (EU), agricultural expenditure, closing of accounts, rural development

C 19/26

EN

Official Journal of the European Union

24.1.2009

Judgment of the Court of First Instance of 26 November
2008 — Greece v Commission

Defendant: Commission of the European Communities (repre-
sented by: P. Oliver, acting as Agent)

(Case T-263/06) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Measures ancillary to rural develop-
ment — Time-limit of 24 months — Assessment of the
expenditure to be excluded — Key controls — Principle of ne
bis in idem — Extrapolation of the findings of default —
Principle of proportionality)

(2009/C 19/47)

Language of the case: Greek

Re:

annulment

the Guarantee Section of

Action for
in part of Commission Decision
2006/554/EC of 27 July 2006 excluding from Community
financing certain expenditure incurred by the Member States
under
the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 218, p. 12),
in so far as it excludes certain expenses incurred by the United
Kingdom of Great Britain and Northern Ireland in the sector of
concentrated butter in the food industry.

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias and G.
Kanellopoulos, Agents)

Defendant: Commission of the European Communities (repre-
sented by: F. Jimeno Fernández and H. Tserepa-Lacombe, acting
as Agents, and N. Korogiannakis, lawyer)

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Annulment of Commission Decision 2006/554/EC of 27 July
2006 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 2006 L 218, p. 12), in so far as it excludes certain
expenditure incurred by the Hellenic Republic in the sector of
measures ancillary to rural development

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 281, 18.11.2006.

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 294, 2.12.2006.

Judgment of the Court of First Instance of 2 December
2008 — Ford Motor v OHIM (FUN)

(Case T-67/07) (1)

(Community trade mark — Application for Community word
mark FUN — Absolute grounds for refusal — Lack of
descriptive character — Article 7(1)(b) and (c) of Regulation
(EC) No 40/94)

(2009/C 19/49)

Language of the case: German

Judgment of the Court of First Instance of 26 November
2008 — United Kingdom v Commission

(Case T-278/06) (1)

Parties

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Butter — Check of the quantity of
product obtained — On-the-spot checks — Article 23(2) of
Regulation (EC) No 2571/97)

(2009/C 19/48)

Language of the case: English

Applicant: Ford Motor Co. (Dearborn, Michigan, United States)
(represented by: R. Ingerl, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Poch, Agent)

Re:

Parties

Applicant: United Kingdom of Great Britain and Northern
Ireland (represented initially by: E. O'Neill and subsequently by
I. Rao, Agents, and by H. Mercer, Barrister)

ACTION brought against the decision of the Second Board of
Appeal of OHIM of 20 December 2006 (Case R 1135/2006-2),
concerning an application for registration of the Community
word mark FUN.