Case T-408/04: Action brought on 4 October 2004 by Anke Kröppelin against the Council of the European Union
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action by staff, allowances and expenses, regulations for civil servants

C 300/50

EN

Official Journal of the European Union

4.12.2004

Action brought on 4 October 2004 by André Bonnet
against the Court of Justice of the European Communities

(Case T-406/04)

(2004/C 300/96)

(Language of the case: French)

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 October 2004 by André Bonnet,
residing in Saint Pierre de Vassols (France), represented by
Hervé de Lépinau,
lawyer, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decisions of 11 February 2004, 4 March 2004
and 2 July 2004, and also the decision appointing another
person to the post which was to have been filled by the
applicant;

Action brought on 1 October 2004 by Benedicta Miguelez
the European
Herreras

the Commission of

against

Communities

(Case T-407/04)

(2004/C 300/97)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 July 2004 by Benedicta Miguelez
Herreras, residing in Brussels, represented by Marc van der
Woude and Valérie Landes, lawyers.

The applicant claims that the Court of First Instance should:

— annul the decision of the Director General of the Legal
Service to award her only one Directorate-General priority
point for the 2003 promotion period, which was confirmed
and made definitive by the decision of
the Appointing
Authority rejecting her informal appeal;

— annul the Appointing Authority's decision to award her a
total of 23 points for the 2003 promotion year, the list of
merit of Grade C2 officials for the promotion year 2003,
the list of officials promoted to Grade C1 in the promotion
year 2003 and, in any case, the decision not to enter her
name in those lists;

— hold that the recruitment of 4 February 2004 must take full

— annul, so far as may be necessary, the decision rejecting her

effect as from 1 March 2004;

complaint;

— order the Court of Justice of the European Communities to
pay the applicant the sum of EUR 100 000 for non-mate-
rial damage and also the sum of EUR 5 000 a month with
effect from 1 March until such time as the applicant actu-
ally takes up his duties;

— in the alternative,

if the decision of the Court of First
Instance should not make it inevitable that the applicant
take up his duties, order the Court of Justice to pay the
applicant a total sum of EUR 260 000 plus interest at the
statutory rate as from the date of the present application;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward in this case
are similar to those put forward in Case T-132/04 José Luis
Buendía Sierra v Commission.

— in any case, order the Court of Justice of the European

Communities to pay the costs.

Action brought on 4 October 2004 by Anke Kröppelin
against the Council of the European Union

Pleas in law and main arguments:

The pleas in law put forward by the applicant are exactly the
same as those that he put forward in Case T-132/04 (1).

(1) OJ C 168 of 26 June 2004, p. 7.

(Case T-408/04)

(2004/C 300/98)

(Language of the Case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 4 October 2004 by Anke Kröppelin, resident
in Brussels, represented by Sébastien Orlandi, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

4.12.2004

EN

Official Journal of the European Union

C 300/51

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision of the Council refusing the applicant
to the expatriation allowance and resulting

entitlement
rights, from her entry into service on 1 November 2003;

— order the Council to pay the costs.

Pleas in law and main arguments

Before entering into the Council's service, the applicant worked
in the chancellery of the Land Mecklenburg-Western Pomerania
in Brussels. In the present action she challenges the decision
refusing to grant her the expatriation allowance.

In support of her action, the applicant pleads breach of Article
4(1)(a) of Annex VII to the Staff Regulations in that the Council
did not consider that she was in circumstances arising from
work done for another State. The applicant also pleads breach
of the principle of equal treatment and of non-discrimination.

Action brought on 4 October 2004 by Benito Latino
against the Commission of the European Communities

(Case T-409/04)

(2004/C 300/99)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 4 October 2004 by Benito Latino, residing in
Lauzun (France), represented by Juan Ramón Iturriagagoitia,
lawyer.

The applicant, a former Commission official who worked in
the Berlaymont Building in Brussels from 1969 to 1991 sought
in 1994 recognition of the occupational origin of his respira-
tory illness as a result of the exposure to asbestos which he
claimed to have suffered. An initial Commission Decision in
response to that request, which acknowledged the occupational
origin of his illness and determined the rate of invalidity at 5 %,
was annulled by the Court of First Instance in Case T-300/
97 (1) brought by the applicant.

Following the abovementioned judgment,
the Commission
once again brought the matter before the medical committee
and after that committee had issued a fresh medical report
dated 6 May 2002, the Commission adopted the contested
decision.

In support of its action, the applicant first claims that the
the medical committee is in breach of
majority report of
Article 73 of the Staff Regulations inasmuch as it took no
account of the dissenting report. Furthermore, the report did
not satisfy the conditions laid down by the case-law of the
Court of First Instance and contained contradictory and unintel-
ligible assessments.

The applicant also pleads the infringement of Articles 3, 17
and 20 of the rules concerning coverage of the risks of acci-
dents or sickness in the case of officials, the third paragraph of
the annex thereto and of Articles 381 to 383 and 387 et seq.
of the Belgian invalidity tables. He further pleads a lack of
objectivity on the part of the medical committee, as well as
alleged hostility to him by two of its members. In the appli-
cant's view, a new medical committee ought to be established
in order to ensure observance of his rights of defence.

(1) OJ 1998, C 41, p. 23.

The applicant claims that the Court should:

Action brought on 6 October 2004 by Jean-Paul Keppenne
against the Commission of the European Communities

— annul the medical report of 6 May 2002 notified on 11
November 2003 and received by the applicant on 15
November 2003;

— annul the Commission Decision of 11 November 2003
received on 15 November 2003,
in regard to the 5 %
partial permanent invalidity agreed in the applicant's case
and in regard to the imposition on the applicant of certain
the medical
expenses
committee;

the members of

and fees of

(Case T-411/04)

(2004/C 300/100)

(Language of the case: French)

— order the Commission to pay the totality of the expenses

and fees of the medical committee;

— order the Commission to pay the fees and costs of these

proceedings.

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 6 October 2004 by Jean-Paul Keppenne,
residing in Etterbeek (Belgium), represented by Paul-Emmanuel
Ghislain, lawyer.