Judgment of the court of first instance 3 March 2004 inCase T-48/01: François Vainker and Brenda Vainker v European Parliament (Officials— Occupational disease — Article 73 of the Staff Regulations — Claim for damages— Irregularities in the procedure for recognition of the occupational originof a disease — Damage — Damage suffered by the spouse of a former official)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), damages, occupational disease

30.4.2004

EN

Official Journal of the European Union

C 106/55

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2003

in Case T-305/00: Conserve Italia Soc. coop. rl v Commis-
sion of the European Communities (1)

(Agriculture — EAGGF — Discontinuance of financial aid
— Statement of reasons — Error of assessment — Article 24
of Regulation (EEC) No 4253/88 — Principle of proportion-
ality)

(2004/C 106/105)

(Language of the case: Italian)

Bywater, solicitors, v European Parliament
(Agents: H. von
Hertzen and D. Moore and D. Waelbroeck): Application for
damages pursuant to Article 236 EC and the second paragraph
of Article 288 EC, in order to make good damage allegedly
suffered, first, by the applicant, Mr Vainker, by reason of the
fact that he has contracted an occupational disease and, second,
by the applicants as a result of the mishandling by the defen-
dant institution of the claim for compensation under Article 73
of the Staff Regulations of Officials of the European Commu-
nities, the Court of First Instance (Second Chamber), composed
of: N.J. Forwood, President of Chamber, J. Pirrung and A.W.H.
Meij, Judges; H. Jung, Registrar, has given a judgment on 3
March 2004, in which it:

In Case T-305/00, Conserve Italia Soc. coop. rl, established in
San Lazzaro di Savena (Italy), represented by M. Averani, A.
Pisaneschi and S. Zunarelli, lawyers, with an address for service
in Luxembourg, v Commission of the European Communities
(Agents: L. Visaggio and M. Moretto): Application for annul-
ment of Commission Decision C (2000) 1751 of 11 July 2000
Project No
discontinuing
88.41.IT.003.0, entitled 'Modernisation of an establishment
processing products in the fruit and vegetable sector at Porto-
maggiore (Ferrara)', the Court of First Instance (Fifth Chamber);
R. García-Valdecasas, President, P. Lindh and J.D. Cooke,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 11 December 2003, in which it:

from the

EAGGF

aid

for

1. Dismisses the application;

2. Orders the applicant

to bear its own costs and those of

the

Commission.

(1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

3 March 2004

in Case T-48/01: François Vainker and Brenda Vainker v
European Parliament (1)

(Officials — Occupational disease — Article 73 of the Staff
Regulations — Claim for damages — Irregularities in the
procedure for recognition of the occupational origin of a
disease — Damage — Damage suffered by the spouse of a
former official)

1. Orders

the Parliament

to pay Mr Vainker

the

sum of

EUR 60 000.

2. Orders the Parliament to pay the applicant, Mr Vainker, the sum
of GBP 8 244.94 by way of
costs
incurred during the procedure for recognition of the occupational
origin of Mr Vainker's disease.

reimbursement of

legal

3. Orders the Parliament to pay the applicant, Mr Vainker, default
interest on the sum of EUR 617 617.94 from 29 November
1999 to 9 January 2002. The rate of that interest must be calcu-
lated on the basis of the rate fixed by the European Central Bank
for its main refinancing operations,
in force from time to time
during the period concerned, plus two percentage points.

4. Dismisses the remainder of the application.

(2004/C 106/106)

of the applicants.

5. Orders the Parliament to pay its own costs and two thirds of those

(Language of the case: English)

In Case T-48/01, François Vainker, former official of the Euro-
in
pean Parliament and Brenda Vainker, his wife, resident
Middlesex (United Kingdom), represented by J. Grayston and A.

(1) OJ C 186 of 30.06.2001.