CELEX: 62004TJ0226
Language: en
Date: 2006-03-15 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 15 March 2006. # Italian Republic v Commission of the European Communities. # Action for annulment - Regulation (EC) No 316/2004 - Common organisation of the market in wine - Protection of traditional names - Amendment of classification of certain additional traditional names - Use in labelling of wine originating in third countries - Procedural defect - Principle of proportionality - TRIPs Agreement. # Case T-226/04.

Judgment of the Court of First Instance (Fourth Chamber) of 15 March 2006 − Italy v Commission
      (Case T-226/04)
      Action for annulment – Regulation (EC) No 316/2004 – Common organisation of the market in wine – Protection of traditional names – Amendment of classification of certain additional traditional names – Use in labelling of wine originating in third countries – Procedural defect – Principle of proportionality – TRIPs Agreement
      1.                     Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999
            and 753/2002 (Council Regulation No 1493/1999; Commission Regulations Nos 753/2002 and 316/2004) (see paras 35-40)
      2.                     Procedure – Introduction of new pleas during the proceedings (Rules of Procedure of the Court of First Instance, Art. 48(2))
            (see para. 64))
      3.                     Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999
            and 753/2002 (Council Regulation No 1493/1999, Annex VII B, para. 1(b)); Commission Regulation No 753/2002, Arts 23 and 24)
            (see para. 72)
      4.                     International agreements – Conclusion – Directives addressed by the Council to the Commission with a view to concluding bilateral
            agreements (Art. 300(1) EC; Commission Regulations Nos 753/2002 and 316/2004) (see paras 74-78)
      5.                     Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999
            and 753/2002 (Council Regulation No 1493/1999; Commission Regulations Nos 753/2002 and 316/2004) (see paras 86-88)
      6.                     Actions for annulment – Pleas in law (Art. 230 EC; Commission Regulation No 316/2004) (see paras 100-103)
      Re:
      
         
               APPLICATION for the partial annulment of Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC)
                  No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation,
                  presentation and protection of certain wine sector products (OJ 2004 L 55, p. 16), in so far as it amends Articles 24, 36
                  and 37 of Commission Regulation No 753/2002 of 29 April 2002 (OJ 2002 L 118, p. 1), concerning the protection of traditional
                  names.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.