Case T-262/06 P: Judgment of the Court of First Instance of 1 July 2008 — Commission v D (Appeal — Civil service — Officials — Annulment at first instance of the Commission's decision — Occupational disease — Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering — Admissibility of the appeal — Admissibility of the plea in law examined at first instance — Force of res judicata )
Date: 2008-07-01
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), appeal, disability insurance, occupational disease, reassignment

15.8.2008

EN

Official Journal of the European Union

C 209/47

Judgment of the Court of First Instance of 8 July 2008 —
Sviluppo Italia Basilicata v Commission

Judgment of the Court of First Instance of 1 July 2008 —
Commission v D

(Case T-176/06) (1)

(Case T-262/06 P) (1)

(European Regional Development Fund (FEDER) — Reduction
in financial assistance — Application for annulment —
Venture capital fund — Deadline for the completion of invest-
ment projects — Procedure — Principles of protection of
legitimate expectations and legal certainty — Principle of
proportionality — Statement of
reasons — Action for
damages)

(Appeal — Civil service — Officials — Annulment at first
the Commission's decision — Occupational
instance of
disease — Refusal to recognise the occupational origin of the
disease or of the worsening of the disease from which the
applicant
is suffering — Admissibility of the appeal —
Admissibility of the plea in law examined at first instance —
Force of res judicata)

(2008/C 209/81)

Language of the case: Italian

(2008/C 209/82)

Language of the case: French

Parties

Parties

Applicant: Sviluppo Italia Basilicata SpA (Potenza, Italy) (repre-
sented by: F. Sciaudone, D. Fioretti, S. Frazzani and R. Sciau-
done, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and M. Velardo, acting as Agents, and A. Dal
Ferro, lawyer)

Re:

Annulment of Commission Decision C(2006) 1706 of 20 April
2006 reducing the financial assistance from the European
Regional Development Fund in favour of an overall allocation
for the purpose of implementing measures to support small and
medium-sized enterprises operating in the Basilicata Region of
Italy, granted under the Community support framework for
Community structural assistance in the regions of Italy covered
by Objective 1, and application for damages for the harm
caused by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

Appellant: Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Other party to the proceedings: D (represented by: J. Van Rossum,
S. Orlandi, J.-N. Louis, A. Coolen and É. Marchal, lawyers)

Intervener in support of the applicant: Axa Belgium (represented
initially by C. Goossens, P. Meessen and S. Wilmet, then by C.
Goossens and P. Meessen, lawyers)

Re:

Appeal brought against the judgment of the European Union
Civil Service Tribunal
in Case F-18/05 D v
(First Chamber)
Commission (not yet published in the ECR), and seeking to have
that judgment set aside.

Operative part of the judgment

The Court hereby:

1. Sets aside the judgment of

the European Union Civil Service

Tribunal in Case F-18/05 D v Commission;

2. Refers the case back to the Civil Service Tribunal;

2. Orders Italia Basilicata SpA to pay the costs.

3. Reserves the costs.

(1) OJ C 190, 12.8.2006.

(1) OJ C 294, 2.12.2006.