24.8.2002 EN C 202/31 Official Journal of the European Communities
— order payment of default interest at the rate of 5,75 % The applicant claims that the Court should:
with effect from 26 January 1988, the date of theaccident, on the capital amount payable under Article 73 — annul the ECB performance appraisal of the applicant for
of the Staff Regulations; the year 2001;
— make an order for damages in the amount of— order the defendant to pay the costs of the proceedings.EUR 138 358,88 as compensation for the material and
non-material damage which the contested decision caused
to the applicant, such amount being provisional, subject
to increasing it in respect of the material damage, and asPleas in law and main argumentsequitable compensation for the non-material damage;
— order the defendant to pay all the costs.The applicant, an employee of the defendant, seeks the
annulment of his performance appraisal for 2001. He con-siders that appraisal to be an act adversely affecting him
Pleas in law and main arguments because the defendant did not confine itself to appraising his
performance. Instead, the defendant based the appraisal onfactual allegations which the applicant contests and which willFollowing the injuries suffered by the applicant in relation toimpair his future career development.giving birth in 1988, the defendant, first, took the view that
the cause of the injuries was not accidental and, secondly,
acknowledged that the applicant was suffering from totalThe applicant claims that, under the provisions on datapermanent invalidity, rendering it impossible for her to work.protection, the defendant is prohibited from relying on
electronically collected data and that that is, in itself, a sufficient
ground for annulment of the appraisal based on that data. The applicant claims that a new fact has arisen, enabling her
Moreover, the appraisal must be annulled on the ground that to request afresh that she be accorded the benefit of Article 73
it is based on incorrect factual information. of the Staff Regulations by regarding those injuries as the result
of an accident. According to the applicant, the findings of theMedical Committee in 1988 do not reflect her current medical
circumstances, since the sequelae have continued to wreak an
effect and worsened over the years. Furthermore, the com-
mittee did not examine the applicant’s situation with regard to
the medical accident. According to the applicant, since her
injuries were linked to the medical accident, they ought to beregarded as accidental.
Action brought on 13 June 2002 by Neue Erba LautexGmbH Weberei und Veredlung against the CommissionAccordingly, by deciding to reject the request, the defendantof the European Communitiesinfringed Article 73 of the Staff Regulations and the Rules on
Sickness Insurance for Officials of the European Communities
and, in particular, Articles 12, 14 and 22 thereof. Furthermore, (Case T-181/02)
the applicant alleges breach of the duty to have regard to the
welfare of officials.(2002/C 202/52)
(Language of the Case: German)
An action against the Commission of the European Communi- Action brought on 12 June 2002 by Jan Pflugradt against
ties was brought before the Court of First Instance on 13 June the European Central Bank
2002 by Neue Erba Lautex GmbH Weberei und Veredlung,
Neugersdorf (Germany), represented by Professor U. Ehricke,(Case T-179/02)with an address for service in Luxembourg.
(2002/C 202/51)
The applicant claims that the Court should:
(Language of the case: German)
— Annul the Commission Decision (C(2002)944 fin) of
12 March 2002 concerning State aid by the Federal
Republic in favour of Neue Erba Lautex GmbH and Erba An action against the European Central Bank was brought
Lautex GmbH in liquidation; before the Court of First Instance of the European Communities
on 12 June 2002 by Jan Pflugradt, represented by N. Pflüger,lawyer. — Order the defendant to pay the costs.