# C_2004106EN.01005502.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/55 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 106/55

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

3 March 2004

in Case T-48/01: François Vainker and Brenda Vainker v European Parliament (1)

1

(Officials - Occupational disease - Article 73 of the Staff Regulations - Claim for damages - Irregularities in the procedure for recognition of the occupational origin of a disease - Damage - Damage suffered by the spouse of a former official)

(2004/C 106/106)

Language of the case: English

In Case T-48/01, François Vainker, former official of the European Parliament and Brenda Vainker, his wife, resident in Middlesex (United Kingdom), represented by J. Grayston and A. Bywater, solicitors, v European Parliament (Agents: H. von Hertzen and D. Moore and D. Waelbroeck): Application for damages pursuant to Article 236 EC and the second paragraph of Article 288 EC, in order to make good damage allegedly suffered, first, by the applicant, Mr Vainker, by reason of the fact that he has contracted an occupational disease and, second, by the applicants as a result of the mishandling by the defendant institution of the claim for compensation under Article 73 of the Staff Regulations of Officials of the European Communities, the Court of First Instance (Second Chamber), composed of: N.J. Forwood, President of Chamber, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment on 3 March 2004, in which it:

| 1. | Orders the Parliament to pay Mr Vainker the sum of EUR 60 000. |
| --- | --- |

1.

Orders the Parliament to pay Mr Vainker the sum of EUR 60 000.

| 2. | Orders the Parliament to pay the applicant, Mr Vainker, the sum of GBP 8 244.94 by way of reimbursement of legal costs incurred during the procedure for recognition of the occupational origin of Mr Vainker's disease. |
| --- | --- |

2.

Orders the Parliament to pay the applicant, Mr Vainker, the sum of GBP 8 244.94 by way of reimbursement of legal costs incurred during the procedure for recognition of the occupational origin of Mr Vainker's disease.

| 3. | Orders the Parliament to pay the applicant, Mr Vainker, default interest on the sum of EUR 617 617.94 from 29 November 1999 to 9 January 2002. The rate of that interest must be calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, in force from time to time during the period concerned, plus two percentage points. |
| --- | --- |

3.

Orders the Parliament to pay the applicant, Mr Vainker, default interest on the sum of EUR 617 617.94 from 29 November 1999 to 9 January 2002. The rate of that interest must be calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, in force from time to time during the period concerned, plus two percentage points.

| 4. | Dismisses the remainder of the application. |
| --- | --- |

4.

Dismisses the remainder of the application.

| 5. | Orders the Parliament to pay its own costs and two thirds of those of the applicants. |
| --- | --- |

5.

Orders the Parliament to pay its own costs and two thirds of those of the applicants.

---

(1)  OJ C 186 of 30.06.2001.

1

---