Case T-516/08: Action brought on 27 Novembre 2008 — Eriksen/Commission
Date: 2008-11-27
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), health care, irradiation, occupational disease, older worker, radioactivity

21.2.2009

EN

Official Journal of the European Union

C 44/51

The applicant puts forward the following pleas in law in
support of its claims:

the applicant claims that

the contested measure was
First,
adopted by the Commission with breach of procedural require-
ment of a written proposal made by a Consultant prior to the
Commission decision, as required by the General Conditions
and Specific Guidelines applicable to the Framework Contract
project ‘Value Chain Mapping Analysis’.

Second, the applicant submits that the contested measure was
adopted with violation of its right to be heard by impartial
authority.

Third, it argues that the contested measure was adopted with
breach of its right to be dealt with by an authority free of a
conflict of interest.

the applicant contends

Further,
that, when adopting the
contested measure, the defendant failed to correctly and fairly
calculate and analyse the number of working days deducted
from the total number of the days allocated to the applicant for
carrying out its tasks.

Finally, the applicant claims that the Commission misused its
power when adopting the contested measure as it didn't take
into account for the evaluation of a number of working days
allocated to the applicant
the mistakes committed by the
Consultant.

medical treatments and medications to alleviate and or treat
his impaired health, referred to in the first claim above,
which are not available to him through the socialized
medical system of his Member State;

— order the Commission to pay reasonable legal costs and
in bringing the

disbursements incurred by the applicant
present proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages it claims to have
incurred as a result of the alleged illegal refusal by the Commis-
sion to comply with plenary resolution of the European Parlia-
ment (1) and to enforce the application by Denmark of the
provisions of Council Directive 96/29/Euratom of 13 May 1996
laying down basic safety standards for the protection of the
health of workers and the general public against the dangers
arising from ionizing radiation (2)
to the case of workers,
including the applicant, involved in a nuclear accident in Thule,
Greenland.

(1) European Parliament report of 20 April 2007 on the public health
crash (Petition 720/2002)

the 1968 Thule

consequences of
[2006/2012(INI)].

(2) OJ L 159, p. 1.

Action brought on 27 Novembre 2008 — Eriksen/
Commission

Action brought on 2 December 2008 — AIB-Vinçotte
Luxembourg v Parliament

(Case T-516/08)

(2009/C 44/90)

Language of the case: English

(Case T-524/08)

(2009/C 44/91)

Language of the case: French

Parties

Parties

Applicant: Heinz Helmuth Eriksen (Ebeltoft, Denmark)
sented by: I. Anderson, advocate)

(repre-

Applicant: AIB-Vinçotte
Luxembourg ASBL
Luxembourg) (represented by R. Adam, lawyer)

(Luxembourg,

Defendant: Commission of the European Communities

Defendant: European Parliament

Form of order sought

Form of order sought

— order the Commission to pay to the applicant the sum of
800 000 EUR or such other sum as the Court may consider-
able just and equitable for past, present and future pain,
suffering and diminution of
life from
serious
to his health resulting from the
impairments
Commission's capricious and unlawful refusal to enforce the
implementation of medical monitoring of
former Thule
workers for radiation related illnesses and conditions;

the enjoyment of

— order

the
the Commission to pay to the applicant or
medical treating facilities or care givers, the future costs of

— annul the decision of the European Parliament of 2 October
2008 rejecting the offer made by the applicant in connec-
tion with call for tenders INLO — A — BATI LUX —
07 268 & 271 — 00 for the refurbishment and extension
of the Konrad Adenauer Building, Luxembourg,

— reserve to the applicant all other rights, remedies, pleas and
the Parliament pay

actions,
damages in connection with the loss incurred;

in particular an order

that

— in any event, order the Parliament to pay the costs.