CELEX: C1998/234/59
Language: en
Date: 1998-07-25 00:00:00
Title: Action brought on 5 May 1998 by Arnaldo Lucaccioni against the Commission of the European Communities (Case T-75/98)

C 234/30             EN                 Official Journal of the European Communities                                    25.7.98
Ð order the Commission to pay all the costs.                       with Italian legislation, and were approved by it on 7 July
                                                                   1994. In the meantime, the abovementioned doctor
Pleas in law and main arguments adduced in support:                brought an action before the courts in Italy against the
                                                                   applicant seeking an order enjoining him to pay said fees
                                                                   and expenses.
The applicant pleads infringement of Articles 25 and 71 of
the Staff Regulations and of Annex VII thereof, in
particular Articles 14b and 15, and breach of the principle        In support of his application the applicant claims that the
of equality and of the principle that all administrative           following have been breached:
decisions must be based on a lawful and relevant
statement of reasons; he maintains that no valid statement         Ð the first paragraph of Article 8 of Annex II to the Staff
of reasons was given for the contested decision.                       Regulations;
                                                                   Ð the first paragraph of Article 23(2) of the Rules on the
                                                                       Insurance of Officials of the European Communities
                                                                       against the Risk of Accident and of Occupational
                                                                       Disease;
Action brought on 5 May 1998 by Arnaldo Lucaccioni
  against the Commission of the European Communities               Ð the duty of care incumbent on the Commission;
                       (Case T-75/98)
                        (98/C 234/59)                              Ð the duty to have regard to the welfare of officials and
                                                                       to observe reasonable periods' under the Declaration
                                                                       of Human Rights, in view of the fact that the two
               (Language of the case: Italian)                         Committees took years to complete reach their
                                                                       findings.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 5 May 1998 by
Arnaldo Lucaccioni, represented by Mauro Cimino, of the
Fermo Bar, with an address for service in Luxembourg at
the Chambers of Jean Tonnar, 29 Rue du FosseÂ, Esch-sur-
                                                                   Action brought on 13 May 1998 by Claudine Hamptaux
Alzette.
                                                                     against the Commission of the European Communities
                                                                                          (Case T-76/98)
The applicant claims that the Court should:
                                                                                           (98/C 234/60)
1. order the defendant to pay the costs of the
    proceedings, that is LIT 35 950 million, together with                        (Language of the case: French)
    the interest and legal costs accrued, as well as to
    refund the costs incurred by Dr Cognigni as a result of        An action against the Commission of the European
    participating in the Medical Committee;                        Communities was brought before the Court of First
                                                                   Instance of the European Communities on 13 May 1998
2. order the defendant to make good non-material                   by Claudine Hamptaux, residing at WoluweÂ-St-Lambert
    damage caused in the amount of six times the amount            (Belgium), represented by Lucas Vogel, of the Brussels Bar,
    mentioned in paragraph 1 above, including interest             with an address for service in Luxembourg at the
    and other costs;                                               Chambers of Christian Kremer, 6 Rue Heinrich Heine.
3. order the defendant to pay the costs.                           The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:                Ð annul the decision, adopted on 30 January 1998 (and
                                                                       notified on 11 February 1998), expressly rejecting the
                                                                       complaint made by the applicant to the appointing
The present action seeks to obtain payment of a principal              authority on 9 October 1997 by which she contested
sum and interest thereon by way of fees and related                    the following two decisions:
expenses for the doctor appointed by the applicant to the
Invalidity Committee and to the Medical Committee in                   Ð the decision (notified to the applicant on 9 July
the procedures for assessing invalidity and recognizing                    1997 and published in Administrative Notices
occupational diseases respectively.                                        No 998 of 8 August 1997) not to include the
                                                                           applicant in the list of officials most deserving of
The applicant states in this regard that upon the                          promotion to grade B 2 in the 1997 promotions
conclusion of the Invalidity Committee and the Medical                     procedure;
Committee, the doctor appointed by him applied in vain
to the administration for the fees for his services. The fees          Ð the decision (published in Administrative Notices
and expenses in question were submitted to the Consiglio                   No 999 of 12 August 1997) listing the officials
dell'Ordine dei Medici (Medical Council) in accordance                     promoted to grade B 2 in the 1997 promotions