Judgment of the Court of First Instance of 26 February 2003 in Case T-164/01: Arnaldo Lucaccioni v Commission of the European Communities (Officials — Action for damages — Admissibility)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EC action to establish liability, European Commission, European official, asbestos, indemnification, occupational health

C 112/30

EN

Official Journal of the European Union

10.5.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

of 26 February 2003

in Case T-164/01: Arnaldo Lucaccioni v Commission of
the European Communities (1)

in Case T-145/01: Benito Latino v Commission of the
European Communities (1)

(Officials — Action for damages — Admissibility)

(Officials — Occupational disease — Validity of the opinion
of the Medical Committee — Evidence of the occupational
origin of the disease — Scientific uncertainty — Proper
conduct of the procedure preceding the reference to the
Medical Committee)

(2003/C 112/57)

(Language of the case: French)

former official of

In Case T-145/01: Benito Latino,
the
Commission of the European Communities, residing in Séri-
gnac-Peboudou (France), represented by G. Vandersanden
and L. Levi, lawyers, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) — appli-
cation for the annulment of the decision of the Commission
of 10 August 2000 rejecting the applicant’s request that it
acknowledge the occupational origin of his arthritic symptoms
and charging to the applicant the fees and incidental expenses
of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor making up the committee - the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
N. J. Forwood and H. Legal, Judges; D. Christensen, Adminis-
trator, for the Registrar, gave a judgment on 26 February
2003, in which it:

1.

annuls the decision of the Commission of 10 August 2000
insofar as it charges to the applicant the fees and incidental
expenses of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor;

2.

dismisses the remainder of the application;

3.

orders the parties to bear their own costs.

( 1) OJ C 245 of 1.9.01.

(2003/C 112/58)

(Language of the case: Italian)

In Case T-164/01: Arnaldo Lucaccioni, a former official of the
Commission of the European Commmunities, residing in St-
Leonard-on-Sea (United Kingdom), represented by M. Cimino
and F. Apruzzi, lawyers, against Commission of the European
Communities (Agents: J. Currall and A. Dal Ferro) — appli-
cation for compensation under the ordinary law governing
non-contractual liability applicable under Article 236 EC, for
pain and suffering and physical harm suffered by the applicant
for the period preceding the onset of his occupational disease
as a result of the Commission’s negligence, — the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, and N. J. Forwood and H. Legal, Judges; J. Palacio
González, Principal Administrator, for the Registrar, has given
a judgment on 26 February 2003, in which it:

1. Dismisses the application as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 275 of 29.9.01.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003

in Case T-194/01: Unilever NV v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a product for dishwashers — Ovoid tablet —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2003/C 112/59)

(Language of the case: English)

In Case T-194/01, Unilever NV, established in Rotterdam
(Netherlands), represented by V. von Bomhard and A. Renck,