CELEX: C2004/047/57
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-396/03: Action brought on 10 December 2003 by Joseph Vanhellemont against the Commission of the European Communities

21.2.2004              EN                         Official Journal of the European Union                                           C 47/29
Pleas in law and main arguments                                           —     so far as necessary, also annul the decisions against which
                                                                                the complaint was brought, namely:
The applicant, a former official of the Commission, worked
for several years in the Berlaymont building which was at the                   —     the decision of the Commission mpt to take any
time contaminated with asbestos. In 1996, the applicant                               steps to rectify any errors in counting committed
sought recognition of her illness as an occupational disease                          during the 2002 staff committee elections to elect
and, in 1998, she requested that a medical committee be                               the Brussels local staff committee;
consulted in accordance with Article 21 of the Rules on
Sickness Insurance for Officials of the European Communities.                   —     the decision communicated on 10 January 2003 by
That medial committee initially adopted a majority opinion in                         the chairperson of the electoral bureau, following
2000 but, following a complaint from the applicant, the                               two requests submitted by the applicant, dated
defendant decided to refer the matter back to it. By letter of                        23 December 2002;
7 October 2003, the Commission informed the applicant that
the medical committee had lodged its opinion. By the same                 —     order the Commission to pay EUR 29 635 by way of
letter, the Commission informed the applicant that it con-                      damages;
firmed its decision not to recognise the applicant’s medical
complaint as being occupational in origin. By letters of 17 and           —     order the defendant to pay the costs.
27 October 2003, the Commission charged to the applicant
part of the fees and expenses of the members of the medical
committee.
                                                                          Pleas in law and main arguments
In support of her claims, the applicant alleges irregularity of
the opinion of the medical committee and of the decisions and
acts relating thereto, breach of the duty to have regard for the          In support of his application, the applicant alleges manifest
welfare of officials as regards the decision concerning the fees          error of assessment, breach of the duty to have regard for the
and expenses, breach of the principle of sound administration,            welfare of officials and of the principle of sound administration
misuse of powers and breach of legitimate expectations.                   and infringement of Article 1 of Annex II to the Staff
                                                                          Regulations.
Action brought on 10 December 2003 by Joseph Vanhel-
lemont against the Commission of the European Com-
                             munities
                                                                          Action brought on 10 December 2003 by the Fédération
                                                                          de l’Hospitalisation Privée (‘FHP’) against the Commission
                         (Case T-396/03)                                                   of the European Communities
                          (2004/C 47/57)
                                                                                                   (Case T-397/03)
                   (Language of the case: French)
                                                                                                    (2004/C 47/58)
An action against the Commission of the European Communi-                                     (Language of the case: French)
ties was brought before the Court of First Instance of the
European Communities on 10 December 2003 by Joseph
Vanhellemont, residing in Brussels, represented by Lucas
Vogel, lawyer.                                                            An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
The applicant claims that the Court should:                               European Communities on 10 December 2003 by the Fédér-
                                                                          ation de l’Hospitalisation Privée (‘FHP’), established in Paris,
—     annul the decision adopted by the appointing authority              represented by Silvestre Tandeau de Marsac, avocat.
      on 26 August 2003 and notified on 5 September 2003,
      rejecting the complaint made by the applicant on 1 April
      2003 seeking the annulment of a decision of the chairper-           The applicant claims that the Court should:
      son of the electoral bureau of 10 January 2003 who, after
      two requests of 23 December 2002, refused to recount                —     Declare that the Commission of the European Communi-
      the votes cast in the elections for the Brussels local staff              ties has failed to act with regard to the complaint filed
      committee, held between the 2 and 14 December 2002,                       under number A/40342-H3;