Case T-147/05: Action brought on 4 April 2005 by Federico José Garcia Resusta against the Commission of the European Communities
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), disability insurance, occupational disease, reassignment

25.6.2005

EN

Official Journal of the European Union

C 155/25

Action brought on 4 April 2005 by Federico José Garcia
Resusta against the Commission of the European Commu-
nities

Action brought on 14 April 2005 by Carlos Sanchez
Ferriz against the Commission of the European Commu-
nities

(Case T-147/05)

(2005/C 155/48)

(Language of the case: French)

(Case T-153/05)

(2005/C 155/49)

(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 4 April 2005 by Federico José
Garcia Resusta, residing in Brussels, represented by Jean Van
Rossum, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Commission's decision to dismiss the applicant's
request for recognition of the occupational origin of his
disease or aggravation thereof, which prevents him from
performing the tasks associated with a post in his category
and grade,

— order the defendant to pay the costs.

Pleas in law and main arguments

The Commission adopted the contested decision following the
judgment of 23 November 2004 of the Court of First Instance
in Case T-376/02 (1), which annulled the Commission's decision
of 14 January 2002 awarding the applicant an invalidity
pension.

In support of his action, the applicant alleges infringement of
the obligation to state reasons and infringement of Article 3 of
the Rules on the insurance of officials of the European Commu-
nities against the risk of accident and of occupational disease,
on the grounds that the opinion of the Medical Committee,
which decided that it had not been established sufficiently that
the aggravation of the applicant's disease had a direct connec-
tion with the duties he had performed, was contrary to the
opinion of the Invalidity Committee, which had found the
applicant's pre-existing disease had been aggravated by the
stress related to his duties.

(1) Application published in OJ 2003 C 44 of 22.2.2003, p. 37, judg-

ment published in OJ 2004 C 45 of 19.2.2005, p. 23.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 14 April 2005 by Carlos Sanchez
Ferriz, residing in Brussels, represented by Gilles Bounéou and
Frédéric Frabetti, lawyers, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

1. annul the evaluation exercise 2003 in relation to the appli-

cant,

2. alternatively, annul

the applicant's career development

report for the period 1.1.2003-31.12.2003;

3. order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward by the appli-
cant in the present case are identical to those put forward in
Cases T-43/04 and T-47/04.

Action brought on 15 April 2005 by Carmela Lo Giudice
against the Commission of the European Communities

(Case T-154/05)

(2005/C 155/50)

(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 15 April 2005 by Carmela Lo
Giudice, residing in Strambeek Bever (Belgium), represented by
Gilles Bounéou and Frédéric Frabetti, lawyers, with an address
for service in Luxembourg.