CELEX: C2002/274/48
Language: en
Date: 2002-11-09 00:00:00
Title: Case T-257/02: Action brought on 27 August 2002 by "K" against the Court of Justice of the European Communities

9.11.2002              EN                      Official Journal of the European Communities                                     C 274/27
Action brought on 27 August 2002 by ‘K’ against the                       Action brought on 10 September 2002 by Hendrikus
       Court of Justice of the European Communities                                   Boukes against the European Parliament
                                                                                                   (Case T-258/02)
                         (Case T-257/02)
                                                                                                   (2002/C 274/49)
                         (2002/C 274/48)
                                                                                              (Language of the case: French)
                   (Language of the case: French)
                                                                          An action against the European Parliament was brought before
                                                                          the Court of First Instance of the European Communities on
                                                                          10 September 2002 by Hendrikus Boukes, domiciled in
An action against the Court of Justice of the European                    Waldbredimus (Luxembourg), represented by Eric Boigelot,
Communities was brought before the Court of First Instance                lawyer, with an address for service in Luxembourg.
of the European Communities on 27 August 2002 by ‘K’,
represented by Juan Ramón Iturriagagoitia Bassas, lawyer.
                                                                          The applicant claims that the Court should:
                                                                          —     annul the decision taken by the Secretary-General of the
The applicant claims that the Court of First Instance should:                   European Parliament, Julian Priestley, on 4 January 2002
                                                                                dismissing the applicant’s request of 4 October 2001
                                                                                concerning the recognition of his marriage by the AIPN;
—     annul the decision taken by the appointing authority on
      14 May 2002, notified 27 May 2002, concerning the
      claim for compensation for non-material loss and damage             —     annul the implied decision rejecting the applicant’s com-
      of any kind suffered by the applicant as a result of disease;             plaint, brought in accordance with Article 90(2) of the
                                                                                Staff Regulations on 27 February 2002 and registered on
                                                                                1 March 2002, to which the European Parliament has
—     order the defendant to pay the applicant, by way of                       still not replied.
      compensation for the damage she has suffered and will
      in future suffer, the sum of EUR 350 000, subject to all            —     in any event order the defendant to pay the costs.
      necessary reservations, together with default interest at
      the rate of 10 % per annum from 4 October 1999 until
      the date of payment;
                                                                          Pleas in law and main arguments
—     order the defendant to pay the costs.
                                                                          The applicant in the present case challenges the refusal by the
                                                                          AIPN to take account of the formalisation of his partnership,
                                                                          treated as a civil marriage under Netherlands law and which
                                                                          legally records and recognises the family life that he leads in
Pleas in law and main arguments                                           the context of a stable relationship with his partner, for the
                                                                          purpose of having it treated in the same way as marriage under
                                                                          the Staff Regulations.
The applicant, an official of the Court of Justice, challenges
that institution’s refusal to compensate her for the non-
material damage allegedly suffered as a result of her occu-               In support of the forms of order sought, the applicant claims:
pational disease, which has been recognised on the basis of
Article 73 of the Staff Regulations and for which she has                 —     breach of Article F(1), and (2) of the Treaty on the
received compensation.                                                          European Union and Article 3(2) EC;
                                                                          —     breach of Article 1a(1) and the second paragraph of
                                                                                Article 27 of the Staff Regulations and the provisions
The pleas in law put forward in support of this action are                      of the Staff Regulations governing remuneration and
similar to those put forward in Case T-255/02 H v Court of                      reimbursement of expenses, allowances and pension
Justice.                                                                        scheme;
                                                                          —     breach of Articles 7, 9 and 21 of the Charter of
                                                                                Fundamental Rights of the European Union;