Case T-362/05 and T-363/05: Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission (Non-contractual liability of the Community — Aid scheme provided for under Italian legislation — Scheme declared compatible with the common market — Transitional measure — Certain undertakings excluded — Principle of protection of legitimate expectations — Sufficiently serious breach of a rule of law conferring rights on individuals — None)
Date: 2008-12-02
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid

C 19/24

EN

Official Journal of the European Union

24.1.2009

Operative part of the judgment

Re:

The Court:

1. Orders the Commission to pay to Agraz, Sa and the 86 other
companies listed in Annexes I and II damages equivalent to an
increase of 15.54 % in the amount of production aid which they
received for the 2000/2001 marketing year, as set by Annex II to
Regulation No 1519/2000.

2. Orders those damages to be reassessed using compensatory interest
as from the time of actual payment of the aid to each applicant up
to the date of delivery of the present judgment, at the rate fixed by
the ECB for principal refinancing operations, plus two points, in
respect of the applicants listed in Annex I, and at the rate of
annual inflation determined for the period in question by Eurostat
in the Member State where they are established, in respect of the
applicants listed in Annex II.

3. Orders that the damages, as reassessed, be accompanied by default
interest, as from the date of delivery of the present judgment until
complete payment, at the rate set by the ECB for principal refinan-
cing operations, plus two points.

(1) OJ C 251, 18.10.2003.

Judgment of the Court of First Instance of 2 December
2008 — Karatzoglou v EAR

(Case T-471/04) (1)

(Staff cases — Temporary staff — Referral back to the Court
of First Instance after setting aside — Termination of contract
— Obligation to state the reasons on which the decision is
sound
based — Misuse

of powers — Principle

of

administration)

(2009/C 19/43)

the EAR of
Application for annulment of
26 February 2004 to terminate the applicant's contract of
employment

the decision of

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Georgios Karatzoglou and the European Agency for
Reconstruction (EAR) each to bear their own costs incurred before
the Court of Justice and the Court of First Instance.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance of 2 December
2008 — Nuova Agricast and Cofra v Commission

(Case T-362/05 and T-363/05) (1)

(Non-contractual liability of the Community — Aid scheme
provided for under Italian legislation — Scheme declared
compatible with the common market — Transitional measure
— Certain undertakings excluded — Principle of protection of
legitimate expectations — Sufficiently serious breach of a rule
of law conferring rights on individuals — None)

(2009/C 19/44)

Language of the case: Italian

Parties

Applicant: Nuova Agricast Srl
(Barletta, Italy) (represented by: M.A. Calabrese, lawyer)

(Cerignola, Italy) and Cofra Srl

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Parties

Applicant: Georgios Karatzoglou (Préveza, Greece) (represented
by: S. Pappas, lawyer)

Defendant: European Agency for Reconstruction (EAR) (repre-
sented by: S. Orlandi and J.-N. Louis, lawyers)

Re:

Action for damages for the loss allegedly suffered by the appli-
cants as a result of the adoption by the Commission of the
Decision of 12 July 2000 declaring compatible with the
common market an aid scheme for investment in the less-
Italy (State aid No 715/1999 — Italy
favoured regions of
(SG 2000 D/105754)) and as a result of the Commission's
conduct during the procedure which preceded the adoption of
that decision.

24.1.2009

EN

Official Journal of the European Union

C 19/25

Operative part of the judgment

Operative part of the judgment

The Court:

1. Joins Case T-362/05 and T-363/05 for the purposes of

the

judgment.

2. Dismisses the actions.

The Court:

1. Dismisses the action;

2. Orders Deepak Rajani to pay the costs.

3. Orders Nuova Agricast Srl to bear its own costs and to pay those

incurred by the Commission in Case T-362/05.

(1) OJ C 235, 6.10.2007.

4. Orders Cofra Srl to bear its own costs and to pay those incurred by

the Commission in Case T-363/05.

(1) OJ C 296, 26.11.2005.

Judgment of the Court of First Instance of 26 November
2008 — Rajani v OHIM — Artoz-Papier (ATOZ)

(Case T-100/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ATOZ — Earlier interna-
tional word mark ARTOZ — No requirement to provide
evidence of genuine use — Starting point for the five-year
time-limit — Date of registration of the earlier mark —
Article 43(2) and (3) of Regulation (EC) No 40/94 — Likeli-
hood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94 — Obligation to state the reasons on which a
measure is based — Articles 73 and 79 of Regulation (EC)
No 40/94 and Article 6 of the ECHR)

(2009/C 19/45)

Language of the case: English

Parties

Applicant: Deepak Rajani
A. Dustmann, lawyer)

(Berlin, Germany)

(represented by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider and
A. Folliard-Monguiral, acting as Agents)

Judgment of the Court of First Instance of 26 November
2008 — En Route International v OHIM (FRESHHH)

(Case T-147/06) (1)

(Community trade mark — Application for registration of the
word mark FRESHHH as a Community trade mark —
Absolute ground for refusal — Descriptive character —
Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 19/46)

Language of the case: German

Parties

Applicant: En Route International Ltd (Datchet, United Kingdom)
(represented by: W. Göpfert, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 7 March 2006 (Case R 352/2005-4)
concerning registration of the word sign FRESHHH as a Com-
munity trade mark.

Operative part of the judgment

Other party to the proceedings before the Board of Appeal of OHIM:
Artoz-Papier AG (Lenzburg, Switzerland)

1. The action is dismissed.

2. En Route International Ltd is ordered to pay the costs.

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2),
concerning opposition proceedings between Artoz Papier AG
and Deepak Rajani.

(1) OJ C 178 of 29.7. 2006.