Judgment of the Court of First Instance of 15 March 2006 — Italian Republic v Commission

(Case T-226/04) (1)

(Action for annulment - Regulation (EC) No 316/2004 - Common organisation of the market in wine - Protection of traditional terms - Amendment of classification of certain additional traditional indications - Use in labelling of wine originating in third countries - Procedural defect - Principle of proportionality - TRIPs Agreement)

(2006/C 108/36)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: M. Fiorilli, avvocato dello Stato)

Defendant: Commission of the European Communities (represented by: N. Nolin and V. Di Bucci, acting as Agents)

Re:

Application for 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 (OJ 2002 L 118, p. 1), concerning the protection of traditional terms

Operative part of the judgment

The Court:

(1)  OJ C 179 of 10.7.2004