Principle of proportionality Action for annulment Procedural defect Common organisation of the market in wine TRIPS Agreement Regulation (EC) No 316/2004 Protection of traditional names Amendment of classification of certain additional traditional names Use in labelling of wine originating in third countries
Sumário
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.
Texto da decisão
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. |