Case T-245/03: Action brought on 20 June 2003 by Fédération Nationale des Syndicats d'Exploitants Agricoles (FNSEA) and Others against Commission of the European Communities
Date: 2003-08-23
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), beef, import restriction, minimum price, trade agreement

23.8.2003

EN

Official Journal of the European Union

C 200/33

Pleas in law and main arguments

The applicant, a former Commission official, worked for many
years in the Berlaymont building, which was then contami-
nated with asbestos. In 1996, the applicant applied for recog-
nition of the occupational nature of her illness and, in 1998,
requested that a medical committee be consulted in accordance
with Article 21 of the Rules on the Insurance of Officials of
the European Communities against the Risk of Accident and of
Occupational Disease. That medical committee issued a first
majority opinion in 2000, but, after a complaint by the
applicant,
the Commission decided to refer to it a second
time. On 23 April 2003, the applicant sent a diagnosis to the
Commission, requesting that it be examined by the medical
committee. In reply to that request, the Commission stated, by
letter of 5 May 2003, that the medical committee had already
finished its work and that
it was therefore impossible to
submit the diagnosis sent by the applicant to it for its opinion.
The applicant challenges that latter decision, which she claims
should be annulled. She also argues that the composition of
the medical committee should have been changed at the time
of the second reference to it, and therefore requests that two
of its members be challenged. In support of her claims, she
alleges misuse of powers, lack of independence and neutrality
infringements of the
on the part of the medical committee,
principle of sound administration and the duty to pay due
regard to the welfare of officials, and infringement of
the
principle of the protection of legitimate expectations.

European Communities on 20 June 2003 by Fédération des
Nationale des Syndicats d'Exploitants Agricoles (FNSEA),
the
Fédération Nationale Bovine (FNB),
the Fédération Nationale
des Producteurs de Lait (FNPL) and Jeunes Agriculteurs (JA),
Fédération Nationale, established in Paris, represented by Bruno
for
Néouze and Valérie Ledoux,
service in Luxembourg.

lawyers, with an address

The applicants claims that the Court should:

— annul

the Commission Decision of 2 April 2003,
No C.38.279/F3 — French beef in respect of the FNSEA,
the FNB, the FNPL and the JA;

— alternatively, cancel the fines imposed on them;

— further and alternatively, reduce the amount of the fines;

— order the Commission of the European Communities to

pay the costs.

Action brought on 20 June 2003 by Fédération Nationale
des Syndicats d'Exploitants Agricoles (FNSEA) and Others
against Commission of the European Communities

(Case T-245/03)

(2003/C 200/59)

(Language of the case: French)

Pleas in law and main arguments

The contested decision in the present case is the same as that
in Case T-217/03 Fédération Nationale de la Coopération Bétail
et Viande (FNCBV) v Commission (1).

The pleas and main arguments are the same as those put
forward in that case.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

(1) See p. 30 of this Official Journal.