Case T-179/02: Action brought on 12 June 2002 by Jan Pflugradt against the European Central Bank
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), promotion, report, staff assessment

24.8.2002

EN

Official Journal of the European Communities

C 202/31

— order payment of default interest at the rate of 5,75 %
with effect from 26 January 1988,
the date of the
accident, on the capital amount payable under Article 73
of the Staff Regulations;

— make an order

for damages

in the amount of
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 as
equitable compensation for the non-material damage;

— order the defendant to pay all the costs.

Pleas in law and main arguments

Following the injuries suffered by the applicant in relation to
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 total
permanent invalidity, rendering it impossible for her to work.

The applicant claims that a new fact has arisen, enabling her
to request afresh that she be accorded the benefit of Article 73
of the Staff Regulations by regarding those injuries as the result
of an accident. According to the applicant, the findings of the
Medical 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 be
regarded as accidental.

Accordingly, by deciding to reject the request, the defendant
infringed 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,
the applicant alleges breach of the duty to have regard to the
welfare of officials.

The applicant claims that the Court should:

— annul the ECB performance appraisal of the applicant for

the year 2001;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

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
because the defendant did not confine itself to appraising his
performance. Instead, the defendant based the appraisal on
factual allegations which the applicant contests and which will
impair his future career development.

the defendant

The applicant claims that, under the provisions on data
protection,
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.
Moreover, the appraisal must be annulled on the ground that
it is based on incorrect factual information.

Action brought on 13 June 2002 by Neue Erba Lautex
GmbH Weberei und Veredlung against the Commission
of the European Communities

(Case T-181/02)

(2002/C 202/52)

(Language of the Case: German)

Action brought on 12 June 2002 by Jan Pflugradt against
the European Central Bank

(Case T-179/02)

(2002/C 202/51)

(Language of the case: German)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 12 June 2002 by Jan Pflugradt, represented by N. Pflüger,
lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 13 June
2002 by Neue Erba Lautex GmbH Weberei und Veredlung,
Neugersdorf (Germany), represented by Professor U. Ehricke,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— 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
Lautex GmbH in liquidation;

— Order the defendant to pay the costs.