do-me/EUR-LEX huggingface dataset:
Case T-57/99: Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 — Nardone v Commission (Staff case — Officials — Action for damages — Occupational disease — Exposure to asbestos and other substances)
Date: 2008-12-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, asbestos, dust, indemnification, occupational disease, working conditions

C 32/24

EN

Official Journal of the European Union

7.2.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance (Seventh Chamber)
of 10 December 2008 — Nardone v Commission

Judgment of the Court of First Instance of 10 December
2008 — Kronoply and Kronotex v Commission

(Case T-57/99) (1)

(Case T-388/02) (1)

(Staff case — Officials — Action for damages — Occupa-
tional disease — Exposure to asbestos and other substances)

(2009/C 32/43)

(State aid — Commission decision not to raise objections —
Action for annulment — Time-limit for bringing proceedings
— Publication of a summary notice — No significant effect
on the competitive position — Inadmissibility — Status as
party concerned — Admissibility — Failure to initiate the
formal investigation procedure — No serious difficulties)

Language of the case: French

(2009/C 32/44)

Language of the case: German

Parties

Applicant: Albert Nardone (Piétrain, Belgium) (represented initi-
ally by G. Vandersanden and L. Levi, lawyers, then by L. Levi)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, agent, and J. L. Fagnart, lawyer)

Re:

Application for compensation for damage allegedly suffered by
the applicant due to the wrongful conduct of the Commission
in exposing the applicant to an atmosphere filled with dust and
contaminated by asbestos.

Parties

Applicants: Kronoply GmbH & Co. KG (Heiligengrabe, Germany);
and Kronotex GmbH & Co. KG (Heiligengrabe)
(represented
initially by: R. Nierer, subsequently by R. Nierer and L. Gordalla,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and M. Niejahr, subsequently by
V. Kreuschitz, Agents)

the defendant: Zellstoff Stendal GmbH
Interveners in support of
(represented by: T. Müller-Ibold and K.
(Arneburg, Germany)
U. Karl,
lawyers); Federal
Republic of Germany (represented by: W.D. Plessing and
M. Lumma, Agents); and Land Sachsen-Anhalt (Germany) (repre-
sented by: C. von Donat and G. Quardt, lawyers)

subsequently by T. Müller-Ibold,

Operative part of the judgment

Re:

The Court:

1. orders the Commission to pay to Mr Albert Nardone damages of

EUR 66 000;

Annulment of the Commission's decision of 19 June 2002 to
raise no objections to aid granted by the German authorities to
Zellstoff Stendal for the construction of a production plant for
pulp.

2. dismisses the action as to the remainder;

Operative part of the judgment

3. orders each party to bear its own costs.

(1) OJ C 160, 5.6.1999.

The Court:

1. Dismisses the action;

2. Orders Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG
to bear their own costs and to pay those incurred by the Commis-
sion of the European Communities and by Zellstoff Stendal GmbH
and Land Sachsen-Anhalt.