CELEX: C1998/340/50
Language: en
Date: 1998-11-07 00:00:00
Title: Action brought on 7 September 1998 by 'H' against the Commission of the European Communities (Case T-140/98)

C 340/26              EN                 Official Journal of the European Communities                                   7.11.98
claim, first, that the Council failed to consult the                for service in Luxembourg at Fiduciaire Myson SARL, 30
European Parliament for a second time on the                        rue de Cessange.
modifications made by the Council to the Commission's
proposal for a regulation dated 8 April 1994 and that the           The applicant claims that the Court should:
European Community has no jurisdiction to legislate in
the North-East Atlantic.                                            Ð annul the decision of 29 October 1997 of the Brussels
                                                                        office responsible for settling claims refusing prior
Second, the contested regulation is contrary to the aims of             authorisation for reimbursement of subsistence
the common fisheries policy and the regulations                         expenses in connection with treatment at the Quiberon
implementing it.                                                        thalassotherapy centre;
                                                                    Ð order the defendant to pay the costs.
Third, the contested regulation should be annulled in so
far as it infringes the following higher principles of law:
                                                                    Pleas in law and main arguments adduced in support:
Ð the right to freedom to carry on a commercial activity            By the contested decision a request for prior authorisation
    in so far as the prohibition set out in the regulation at       to undergo treatment at a spa from 25 October to
    issue prevents the applicants from carrying on their            3 November 1997 was refused on the ground that the
    activity of fishing for white tuna using drift-nets;            treatment centre chosen did not provide treatment for the
                                                                    medical condition in question.
Ð the principle of proportionality set out in Article 3b of
    the Treaty, in view of the disproportionate and                 The applicant submits that this decision is vitiated by an
    manifestly inappropriate nature of the contested                abuse of rights and breaches the fundamental principle of
    measure in the light of the aim pursued, namely the             freedom to choose a doctor and place of treatment. The
    conservation of fishing resources;                              defendant cannot refuse on the basis of exclusively
                                                                    budgetary considerations to recognise the quality of the
                                                                    treatment given in a medical establishment.
Ð the principle of non-discrimination set out in
    Article 40(3) of the Treaty, in so far as the provisions
    of the new Articles 11, 11a, 11b and 11c of Council             Moreover, the decision is vitiated by a manifest error of
    Regulation (EC) No 894/97 do not apply to fishing in            assessment since the treatment centre chosen is recognised,
    the Baltic Sea, the Belts and the éresund, nor to               both by the competent national authorities and by doctors
    salmon fishing using drift-nets.                                specialising in the field of the particular complaint from
                                                                    which the applicant suffers, as competent to provide the
                                                                    appropriate treatment.
Finally, the applicants submit that the contested regulation
is vitiated by manifest error and is of an arbitrary nature         Finally, the defendant has failed to fulfil the legitimate
in so far as it was not adopted in order to ensure a                expectation the applicant was entitled to have as a result
rational and responsible use of available fishing resources,        of the information provided by the department responsible
but responds to the pressure from certain Member States             and has disregarded the obligation to provide the
and international public opinion to prohibit certain                applicant with a relevant statement of reasons establishing
Member States from fishing for certain species, in the              a cogent link between the findings of its medical officer
present case tuna and sword fish, using drift-nets and by a         and the conclusion it reached.
misuse of powers, in so far as it was adopted with the aim
of putting an end to Community controls on compliance
with the rules.
                                                                    Action brought on 10 September 1998 by SA Image
                                                                    CreÂation against Commission of the European
                                                                                             Communities
Action brought on 7 September 1998 by H' against the                                     (Case T-142/98)
         Commission of the European Communities
                                                                                            (98/C 340/51)
                        (Case T-140/98)
                         (98/C 340/50)                                             (Language of the case: French)
                                                                    An action against the Commission of the European
                (Language of the case: French)
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 10 September
An action against the Commission of the European                    1998 by SA Image CreÂation, established in Brussels,
Communities was brought before the Court of First                   represented by Georges Vandersanden, Eric Gillet and
Instance of the European Communities on 7 September                 Laure Levi, of the Brussels Bar, with an address for service
1998 by H', represented by Jean-NoeÈl Louis and                    in Luxembourg at the premises of Fiduciaire Myson
FrancËoise Parmentier, of the Brussels Bar, with an address         SARL, 30 rue de Cessange.