Case T-394/03: Action brought on 8 December 2003 by Flavia Angeletti against the Commission of the European Communities
Date: 2004-02-21
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), occupational disease

C 47/28

EN

Official Journal of the European Union

21.2.2004

COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 15 October 2003

European Communities on 8 December 2003 by Flavia
Angeletti, residing in Nice (France), represented by Juan Ramón
Iturriagagoitia and Karine Delvolvé, lawyers.

in Case T-288/02: Asian Institute of Technology (AIT) v
Commission of the European Communities (1)

(Action for annulment — Decision to conclude a research
contract — Inadmissibility)

(2004/C 47/55)

(Language of the case: French)

the Commission of

In Case T-288/02 Asian Institute of Technology (AIT), estab-
lished in Pathumthani (Thailand), represented by H Teissier du
lawyer, with an address for service in Luxembourg,
Cros,
against
the European Communities
(Agents: P. Kuijper and B Schöfer) — application for the
annulment of the decision of the European Commission of
22 February 2002 to conclude a research contract within the
framework of the ‘Asia-Invest’ programme with the Centre for
Energy-Environment Research and Development — the Court
of First Instance (Fifth Chamber), composed of P. Lindh,
President, R García-Valdecasas and J.D. Cooke, Judges; H. Jung,
Registrar, made an order on 15 October 2003, the operative
part of which is as follows:

(1) The action is dismissed as clearly inadmissible.

(2) The parties are ordered to bear their own costs in the main

proceedings and in the proceedings for interim relief.

(1) OJ C 289, 23.11.2002.

The applicant claims that the Court should:

— annul the medical findings of 22 February 2003, notified
on 7 October 2003 and received on 14 October 2003 by
Flavia Angeletti;

— annul the decision of the Commission of 7 October
2003, received on 14 October 2003, refusing to recognise
the occupational origin of the applicant’s medical com-
plaint;

— annul the decision of the Commission of 17 October
2003, corrected by letter of 27 October 2003, charging
to the applicant part of the fees and expenses charged by
members of the medical committee;

— annul the mandate of the medical committee, communi-
cated to the applicant on 18 April 2003, as a preparatory
act;

— annul the letter of 5 May 2003 containing a refusal to
allow the forwarding to the medical committee of a scan
carried out on 21 February 2003, as a preparatory act;

— annul the decision of 30 January 2001, and uphold the
request of the applicant made by way of her complaint of
4 September 2000, and the opinion of the medical
committee of 5 November 1999;

Action brought on 8 December 2003 by Flavia Angeletti
against the Commission of the European Communities

— order the Commission to pay the fees and expenses of

the medical committee in full;

(Case T-394/03)

(2004/C 47/56)

(Language of the case: French)

— order the Commission to pay, in their entirety, the fees
and expenses incurred by the applicant in the context of
the irregular opinion of the medical committee and of
the decision of the institution taken on the basis thereof,
together with interest thereon;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the

— order the Commission to pay all the costs.

21.2.2004

EN

Official Journal of the European Union

C 47/29

Pleas in law and main arguments

— so far as necessary, also annul the decisions against which

the complaint was brought, namely:

The applicant, a former official of the Commission, worked
for several years in the Berlaymont building which was at the
In 1996, the applicant
time contaminated with asbestos.
sought recognition of her illness as an occupational disease
and, in 1998, she requested that a medical committee be
consulted in accordance with Article 21 of the Rules on
Sickness Insurance for Officials of the European Communities.
That medial committee initially adopted a majority opinion in
2000 but, following a complaint from the applicant, the
defendant decided to refer the matter back to it. By letter of
7 October 2003, the Commission informed the applicant that
the medical committee had lodged its opinion. By the same
letter, the Commission informed the applicant that it con-
firmed its decision not to recognise the applicant’s medical
complaint as being occupational in origin. By letters of 17 and
27 October 2003, the Commission charged to the applicant
part of the fees and expenses of the members of the medical
committee.

In support of her claims, the applicant alleges irregularity of
the opinion of the medical committee and of the decisions and
acts relating thereto, breach of the duty to have regard for the
welfare of officials as regards the decision concerning the fees
and expenses, breach of the principle of sound administration,
misuse of powers and breach of legitimate expectations.

— the decision of the Commission mpt to take any
steps to rectify any errors in counting committed
during the 2002 staff committee elections to elect
the Brussels local staff committee;

— the decision communicated on 10 January 2003 by
the chairperson of the electoral bureau, following
two requests submitted by the applicant, dated
23 December 2002;

— order the Commission to pay EUR 29 635 by way of

damages;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant alleges manifest
error of assessment, breach of the duty to have regard for the
welfare of officials and of the principle of sound administration
and infringement of Article 1 of Annex II
to the Staff
Regulations.

Action brought on 10 December 2003 by Joseph Vanhel-
lemont against the Commission of the European Com-
munities

(Case T-396/03)

(2004/C 47/57)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 December 2003 by Joseph
Vanhellemont, residing in Brussels, represented by Lucas
Vogel, lawyer.

The applicant claims that the Court should:

— annul the decision adopted by the appointing authority
on 26 August 2003 and notified on 5 September 2003,
rejecting the complaint made by the applicant on 1 April
2003 seeking the annulment of a decision of the chairper-
son of the electoral bureau of 10 January 2003 who, after
two requests of 23 December 2002, refused to recount
the votes cast in the elections for the Brussels local staff
committee, held between the 2 and 14 December 2002,

Action brought on 10 December 2003 by the Fédération
de l’Hospitalisation Privée (‘FHP’) against the Commission
of the European Communities

(Case T-397/03)

(2004/C 47/58)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 December 2003 by the Fédér-
ation de l’Hospitalisation Privée (‘FHP’), established in Paris,
represented by Silvestre Tandeau de Marsac, avocat.

The applicant claims that the Court should:

— Declare that the Commission of the European Communi-
ties has failed to act with regard to the complaint filed
under number A/40342-H3;