CELEX: C2004/047/64
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-415/03: Action brought on 18 December 2003 by Cofradía de Pescadores San Pedro de Bermeo, Vizcaya, and Others against the Council of the European Union

C 47/32                EN                            Official Journal of the European Union                                            21.2.2004
Action brought on 12 December 2003 by the Regione                            The applicant claims that the Court should:
Siciliana against the Commission of the European Com-
                              munities
                                                                             —     Annul Commission Decision BUDG/C5/ME/jlsD(2003)
                                                                                   358046 of 6 October 2003 on the detailed rules for the
                          (Case T-408/03)                                          recovery of the contribution paid by the European
                                                                                   Regional Development Fund (ERDF) for the ‘Messina
                           (2004/C 47/62)                                          Palermo Motorway major project’ partially cancelled by
                                                                                   Commission         Decision        No       109206       (ERDF
                   (Language of the case: Italian)                                 No 93.05.03.001 — Arinco No 93.IT.16.009) of 5 Sep-
                                                                                   tember 2002 and the Debit Note No 3240406591 of
                                                                                   25 September 2002 and the other acts resulting from it;
                                                                                   Order the Commission of the European Communities to
An action against the Commission of the European Communi-                          pay the costs.
ties was brought before the Court of First Instance of the
European Communities on 12 December 2003 by the Regione
Siciliana, represented by A. Cingolo, avvocato dello Stato.
The applicant claims that the Court should:                                  Pleas in law and main arguments
—     Annul       Commission           Decision       BUDG/C5/ME/
      jlsD(2003)358046 of 6 October 2003 on the detailed
      rules for the recovery of the contribution paid by the                 The pleas in law and main arguments are the same as
      European Regional Development Fund (ERDF) for the                      those put forward in Case T-392/03 Regione Siciliana v
      ‘Aragona Favara’ and ‘Piana di Catania’ projects, Debit                Commission (1).
      Notes No 3240304871 of 14 August 2003 and
      No 3240303927 of 13 August 2003, and the other acts
      resulting from it; Order the Commission of the European                (1) Not yet published in the Official Journal of the European Union.
      Communities to pay the costs.
Pleas in law and main arguments
The pleas in law and main arguments are the same as
those put forward in Case T-392/03 Regione Siciliana v
Commission (1).
(1) Not yet published in the Official Journal of the European Union.         Action brought on 18 December 2003 by Cofradía de
                                                                             Pescadores San Pedro de Bermeo, Vizcaya, and Others
                                                                                       against the Council of the European Union
                                                                                                       (Case T-415/03)
Action brought on 11 December 2003 by the Regione
Siciliana against the Commission of the European Com-                                                   (2004/C 47/64)
                              munities
                          (Case T-414/03)                                                       (Language of the case: Spanish)
                           (2004/C 47/63)
                   (Language of the case: Italian)
                                                                             An action was brought before the Court of First Instance of
                                                                             the European Communities on 18 December 2003 against
                                                                             Council of the European Union by Cofradía de Pescadores San
An action against the Commission of the European Communi-                    Pedro de Bermeo,Vizcaya, and Others established at Guipúzcoa
ties was brought before the Court of First Instance of the                   and Vizcaya, Spain, represented by the lawyers Emiliano
European Communities on 11 December 2003 by the Regione                      Garayar Gutiérrez, Gervasio Martínez-Villaseñor, Anna García
Siciliana, represented by G. Aiello, avvocato dello Stato.                   Casatillo and Miguel Troncoso Ferrer.
 ---pagebreak--- 21.2.2004               EN                          Official Journal of the European Union                                              C 47/33
The applicants claim that the Court of First Instance should:               the permitted anchovy catches in ICES zone VIII initially
                                                                            assigned to them, contravenes both the principle of relative
                                                                            stability and the Act of Accession (Article 161(1)(f)). Thus, the
—     Declare that the Community has incurred non-contrac-                  Council also acted in breach of the principle of legal certainty,
      tual liability by making a deduction from the percentage              infringing upon the legitimate expectations of the economic
      of the Total Allowable Catch of anchovies to which Spain              agents involved.
      and the fleet authorised to fish for anchovies in ICES
      zone VIII are entitled in the years 1996 to 2001, by
      transferring Portugal’s quota in ICES zone IX for it to be            The applicants also allege that the Council has misused its
      fished by France in ICES zone VIII;                                   powers.
—     Compel the Community, represented by the Council, to
      compensate the applicants for the real and certain harm
      suffered as a result of the acts of the Council, comprising
      both consequential damage and loss of profits, in the
      terms set out in the present application and its annexes;
                                                                            Action brought on 22 December 2003 by La Mer Tech-
                                                                            nology, Inc. against the Office for Harmonisation in the
—     Order the Community, represented by the Council, to                       Internal Market (Trade Marks and Designs) (OHIM)
      pay all the costs incurred by the applicants in the context
      of the present proceedings.
                                                                                                     (Case T-418/03)
                                                                                                      (2004/C 47/65)
Pleas in law and main arguments                                             (Language of the case to be determined pursuant to article 131(2) of
                                                                            the Rules of Procedure — language in which the case was submitted:
                                                                                                          English)
The purpose of the present action is to seek compensation for
the damage suffered by the applicants as a result of the removal
between 1996 and 2001 of part of the Total Allowable Catch                  An action against the Office for Harmonisation in the Internal
(TAC) of anchovies to which Spain is entitled in ICES                       Market (Trade Marks and Designs) (OHIM) was brought before
(International Council for the Exploration of the Sea) zone VIII,           the Court of First Instance of the European Communities on
following the authorisation granted by the Council of the                   22 December 2003 by La Mer Technology, Inc., New York,
European Union for the transfer of Portugal’s quota in ICES                 USA, represented by Dr V. v. Bomhard, Dr A. Renck and Dr
zone IX for it to be fished by France in zone ICES VIII.                    A. Pohlmann, lawyers. Laboratoires Goëmar was also a party
                                                                            to the proceedings before the Board of Appeal.
In support of their claims, the applicants submit that the                  The applicant claims that the Court should:
alleged illegality fulfils all the requirements laid down by the
case-law to give rise to non-contractual liability on the part of           1.    annul the Decision of the second Board of Appeal of the
the Community.                                                                    office for Harmonisation in the Internal market (Trade
                                                                                  Marks and Designs) of 23 October 2003 in case R 814/
                                                                                  2000-2;
As regards the condition concerning a sufficiently serious                  2.    order that the costs of the proceedings be borne by the
breach of a superior rule of law, they refer to contravention of
                                                                                  defendant.
the principles of relative stability, legal certainty and protection
of legitimate expectations.
                                                                            Pleas in law and main arguments
They state, in particular, that the principle of relative stability
serves to guarantee compliance with the quota allocated to                  Applicant for the Com-          La Mer Technology, Inc.
Spain in the Act of Accession, according to which Spain is                  munity trade mark:
entitled to 90 percent and France to 10 percent of anchovy
catches in ICES zone VIII. Accordingly, the quota swaps                     The Community trade             The word mark ‘La Mer’ for goods
provided for in Article 8 (4) (ii) of Regulation No 3760/92 and             mark sought:                    in class 3 (in addition to other
Article 9 (1) thereof must be carried out without changing the                                              things, soaps for the care of
overall balance of percentages laid down in the Act of                                                      human skin and the human body;
Accession. Consequently, the contested authorisation of swaps,                                              perfumery, essential oils, cos-
the result of which is to deprive Spain and the Spanish fleet of                                            metics, hair lotions)