# C_2009069EN.01004501.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/45 |
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21.3.2009

EN

Official Journal of the European Union

C 69/45

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Action brought on 2 January 2009 — Lind v Commission

(Case T-5/09)

(2009/C 69/99)

Language of the case: English

Parties

Applicant: Brigit Lind (Greve, Denmark) (represented by: I. Anderson, advocate)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | order the Commission to pay to the applicant, individually, the sum of 50 000 EUR, or such other sum as the Court may consider just and equitable, for shock and distress experienced by her from her brother's suffering and wrongful death as result of the Commission's capricious and unlawful refusal to enforce the implementation of medical monitoring provisions of Directive 96/29 in the case of the former workers who participated in the radiological emergency at Thule; |
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order the Commission to pay to the applicant, individually, the sum of 50 000 EUR, or such other sum as the Court may consider just and equitable, for shock and distress experienced by her from her brother's suffering and wrongful death as result of the Commission's capricious and unlawful refusal to enforce the implementation of medical monitoring provisions of Directive 96/29 in the case of the former workers who participated in the radiological emergency at Thule;

| — | order the Commission to pay to the estate of John Erling Nochen, as represented by the applicant, the sum of 250 000 EUR, or such other sum as the Court may consider just and equitable, for pain and suffering, including the awareness of the curtailment of life, from 2006 until his death in 2008, as result of the Commission's capricious and unlawful refusal to enforce the implementation of medical monitoring provisions of Directive 96/29 in the case of the former workers who participated in the radiological emergency at Thule and the sum of 6 000 EUR, for funeral expenses; |
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order the Commission to pay to the estate of John Erling Nochen, as represented by the applicant, the sum of 250 000 EUR, or such other sum as the Court may consider just and equitable, for pain and suffering, including the awareness of the curtailment of life, from 2006 until his death in 2008, as result of the Commission's capricious and unlawful refusal to enforce the implementation of medical monitoring provisions of Directive 96/29 in the case of the former workers who participated in the radiological emergency at Thule and the sum of 6 000 EUR, for funeral expenses;

| — | order the Commission to pay reasonable legal costs and disbursements incurred by the applicant in bringing the present proceedings. |
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order the Commission to pay reasonable legal costs and disbursements incurred by the applicant in bringing the present proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-contractual liability arising from the damages she claims to have incurred from her brother's death allegedly caused by illegal refusal by the Commission to comply with plenary resolution of the European Parliament (1) and to enforce the application by Denmark of the provisions of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (2) to the case of workers, including the applicant's brother, involved in a nuclear accident in Thule, Greenland.

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(1)  European Parliament report of 20 April 2007 on the public health consequences of the 1968 Thule crash (Petition 720/2002) [2006/2012(INI)].

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(2)  OJ L 159, p. 1.

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