CELEX: C2002/191/53
Language: en
Date: 2002-08-10 00:00:00
Title: Case T-189/02: Action brought on 18 June 2002 by Ente per le Ville Vesuviane against Commission of the European Communities

10.8.2002              EN                       Official Journal of the European Communities                                      C 191/31
Proprietor of the right to    Diesel SpA                                          ber 1986, and accordingly declare that Ente per le Ville
the trade mark or sign                                                            Vesuviane is entitled to final payment of the assistance
asserted by way of oppo-                                                          received until now and to have the remainder of the
sition in the opposition                                                          funding paid to it as requested on 13 December 2000
proceedings:                                                                      and still outstanding;
Trade mark or sign            Italian trade mark ‘DIESEL’ regis-
asserted by way of oppo-      tered under No 686092 and Com-               —      order the European Commission to pay the costs.
sition in the opposition      munity trade mark ‘DIESEL’, regis-
proceedings:                  tered under No 000743401 in
                              respect of goods within Classes 7,
                              11 and 21 and 11 and 21 respect-
                              ively
                                                                           Pleas in law and main arguments
Decision of the Oppo-         Registration application dismissed
sition Division:
                                                                           The applicant in the present case, a public-law consortium
Decision of the Board of      Appeal dismissed
                                                                           whose object is to protect and improve the complex of sites
Appeal:
                                                                           consisting of the Ville Vesuviane (the towns around Vesuvius)
                                                                           dating from the 18th Century, is contesting the decision of the
Grounds of claim:             Total lack of similarity between             Directorate-General for Regional Policy of the European
                              the two trade marks and no likeli-           Commission D (2002) 810111, 102504, of 13 March 2002
                              hood whatever of confusion or                bringing to an end the financial assistance paid to the applicant
                              association. Moreover, the party             itself, pursuant to Commission Decision No C (86) 2029/120
                              which brought opposition pro-                of 18 December 1986 of the European Regional Development
                              ceedings has not adduced evi-                Fund (intervention No 86/05/04/054).
                              dence of serious use of the mark
                              in respect of goods within the
                              classes in concerned.
                                                                           In support of its arguments, the applicant claims that:
                                                                           —      the contested measures were adopted on the mistaken
                                                                                  assumption that the delays in the project being financed
                                                                                  were not as a result of the relevant work being subject to
                                                                                  a suspension for judicial reasons, within the meaning of
                                                                                  Article 12 of Council Regulation (EEC) No 2083/93 of
Action brought on 18 June 2002 by Ente per le Ville                               20 July 1993 (1). On the contrary, while the project was
Vesuviane against Commission of the European Com-                                 under way, the applicant was obliged to initiate several
                            munities                                              court proceedings seeking the removal of the occupants
                                                                                  of numerous areas and buildings which were to be
                                                                                  restored as part of the improvements in the Vesuvius
                        (Case T-189/02)                                           towns of Favorita and Ruggiero. The applicant further
                                                                                  claims that the defendant failed to make inquiries in that
                        (2002/C 191/53)                                           regard.
                   (Language of the case: Italian)                         —      its rights of defence were infringed in that, contrary to
                                                                                  Article 4 of Commission Decision No C (86) 2020 of
                                                                                  18 December 1986, the applicant, who was in receipt of
                                                                                  assistance, did not have the opportunity to submit its
                                                                                  own observations to the Commission before the adoption
An action against the Commission of the European Communi-                         by the latter of the contested decision.
ties was brought before the Court of First Instance of the
European Communities on 18 June 2002 by Ente per le Ville
Vesuviane, represented by Enrico Soprano, avvocato.
                                                                           (1) Council Regulation (EEC) No 2083/93 of 20 July 1993 amending
                                                                               Regulation (EEC) No 4254/88 laying down provisions for
                                                                               implementing Regulation (EEC) No 2052/898 as regards the
The applicant claims that the Court should:                                    European Regional Development Fund (OJ 1993 L 193, p. 34).
—     annul the decision of the Directorate-General for Regional
      Policy of the European Commission No D (2002) 810111
      of 13 March 2002 and No (86) 2029/120 of 18 Decem-