Case T-377/02: Action brought on 17 December 2002 by "P" against the Commission of the European Communities
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), physically disabled person, regulations for civil servants

C 44/38

EN

Official Journal of the European Union

22.2.2003

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the Commission’s decision of 14 January 2002 to
retire the applicant on an invalidity pension set
in
accordance with the third paragraph of Article 78 of the
Staff Regulations;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant is an official of the Commission. The contested
decision forced the applicant into retirement with the benefit
of an invalidity pension set in accordance with the third
paragraph of Article 78 of the Staff Regulations.

In support of his application, the applicant alleged infringe-
ment of Article 7 of Annex II to the Staff Regulations and
infringement of the provisions relating to the operation of
the Invalidity Committees. According to the applicant, the
Invalidity Committee was not properly formed. The applicant
also argues a breach of the duty to state reasons.

The applicant is an official of the Commission and worked in
the Berlaymont building, where he was exposed to asbestos.
In 2001 the applicant asked to be given an invalidity pension
on the basis of Article 78 of the Staff Regulations. That request
was refused by the Commission.

The applicant claims, first, that in rejecting his complaint the
Commission misconstrued the facts which led to the appli-
cant’s complaining about the malfunctioning of the Invalidity
Committee as a result of linguistic problems.

The applicant also alleges that the principles of sound adminis-
tration and the administration’s duty to have regard to the
welfare of officials were breached, as were the principle of the
protection of legitimate expectations, the rights of the defence
and the Charter of Fundamental Rights of the European Union.
The applicant complains of irregularities in the procedure
before the Invalidity Committee such as the abandonment of
scheduled medical examinations, the problem of communi-
cation and the absence of a lawyer at the meeting of the
Invalidity Committee.

Action brought on 17 December 2002 by ‘P’ against the
Commission of the European Communities

Action brought on 18 December 2002 by Antonio Andol-
fi against the Commission of the European Communities

(Case T-377/02)

(2003/C 44/72)

(Case T-379/02)

(2003/C 44/73)

(Language of the case: French)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 December 2002 by ‘P’, rep-
resented by Juan Ramon Iturriagagoitiia, lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 December 2002 by Antonio
Andolfi, represented by Salvatore Amato, Lawyer.

The applicant claims that the Court should:

— annul the Commission’s decision of 30 September 2002
replying to the complaint lodged on 5 July 2002 by the
applicant on the basis of Article 90 of the Staff Regu-
lations of Officials and Other Servants of the European
Communities;

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

The applicant claims that the Court should:

— annul the contested provision;

— order the European Economic Community to compensate
the damages suffered and to be suffered by Seven Stars
Pictures and Phoenix European S.r.l., to be liquidated in
the course of the proceedings, together with clerical costs.