Case T-42/04: Action brought on 10 February 2004 by Ermioni Komninou and 16 others against the Commission of the European Communities
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: Cohesion Fund, European Commission, Greece, action for failure to fulfil an obligation, complaint to the Commission, prevention of pollution, water treatment

C 85/28

EN

Official Journal of the European Union

3.4.2004

incident in which he was the victim on 29 October 2001,
whilst he was carrying out his functions at
the Angola
Delegation. That incident occurred when his hands came into
contact with a whitish powder of an as yet unknown chemical-
toxicological nature.

The applicant asserts that that incident affected his psychologi-
cal and physical well-being, adversely affecting his social life.

In support of those claims, the applicant alleges an absolute
failure to state reasons and a breach of the regulations cited
above.

Action brought on 10 February 2004 by Ermioni Komnin-
ou and 16 others against the Commission of the European
Communities

(Case T-42/04)

(2004/C 85/55)

(Language of the Case: Greek)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 February 2004 by Ermioni
Komninou, Grigorios Dokos, Donatos Pappas, Vasilios Pappas,
Aristidis Pappas, Eleftheria Pappa, Lamprini Pappa, Irini Pappa,
Alexandra Dokou, Leonidas Grepis, Nikolaos Grepis, Fotios
Dimitriou, Zois Dimitriou, Petros Polosis, Despina Polosi,
Konstantinos Polosis and Thomas Polosis, resident in Parga, in
the prefecture of Preveza, Greece, represented by Pericles
Stroumpos, lawyer.

The applicants claim that the Court should:

letter that no further action would be taken on their complaint.
The applicants complained to the European Ombudsman
about the Commission’s treatment of their complaint to it.
The European Ombudsman’s decision was issued on 18 July
2002. On 2 July 2003 the applicants lodged a fresh complaint
with the Commission alleging new infringements relating to
the same case. However, the Commission decided to continue
financing the project.

The applicants claim that they should be awarded compen-
sation, pleading non-material damage resulting from the
Commission’s treatment of their complaints. More specifically,
they plead that the Commission withheld information from
them and misled them with regard to the progress of the case.
That is to say, while initially and after receipt of their first
complaint the Commission officials considered that Greece
had not complied in the present case with the rules laid down
by Directive 85/337, they subsequently changed their view
and decided to fund the project, without, however, informing
the applicants of that decision. In addition, the applicants allege
that the Commission’s rejection of their original complaint is
based on a statement of reasons that is manifestly contrary to
Community law. They further submit that in its handling of
their original complaint the Commission did not observe
fundamental rules of impartiality, since the case was assigned
to an official who subsequently engaged in political activity in
Greece. Finally, the applicants plead that the Commission failed
to take the necessary measures to remedy the abovementioned
forms of maladministration despite the fact that the European
Ombudsman found infringements on the part of the Com-
mission and despite the second complaint which the applicants
submitted.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment
of the effects of certain public and private projects on the
environment (OJ L 175, 5.7.1985, p. 40).

— allow the present application for compensation;

Removal from the register of Case T-273/99 (1)

— order the Commission of the European Communities to
pay to each applicant the sum of EUR 200 000 with
interest prescribed by law at a rate of 8 % from the
judgment of the Court of First Instance until payment;

— order the Commission to pay the applicants’ entire costs.

Pleas in law and main arguments

In 1995 the applicants submitted a complaint to the European
Commission, alleging infringement by the Greek authorities of
Directive 85/337 (1) in relation to the planning and construc-
tion of a biological sewage treatment plant in Preveza. By
decision No C(1998) 2297 of 28 July 1998, the Commission
decided to finance that project from the Cohesion Fund. On
20 April 1999 the Commission informed the applicants by

(2004/C 85/56)

(Language of the Case: Dutch)

By order of 18 December 2003 the President of the Second
Chamber (Extented Composition) of the Court of First Instance
of the European Communities ordered the removal from the
register of Case T-273/99: Autoservice J. Van Deursen B.V. v
Commission of the European Communities.

(1) OJ C 47 of 19.2.2000.