CELEX: C1998/209/92
Language: en
Date: 1998-07-04 00:00:00
Title: Action brought on 11 May 1998 by Luciano Mammarella against the Commission of the European Communities (Case T-74/98)

4.7.98               EN                 Official Journal of the European Communities                                  C 209/45
Action brought on 11 May 1998 by Luciano Mammarella                terms of insurance cover. The Commission thereupon
   against the Commission of the European Communities              offered and agreed to a financial settlement in respect of
                       (Case T-74/98)                              the various claims made by the applicant in his pleadings.
                        (98/C 209/92)
                                                                   With the passage of time, the applicant's condition
                                                                   resulting from the accident sustained in 1962 (classed as
               (Language of the case: Italian)                     9Ð10 % invalidity) seriously deteriorated, the degree of
                                                                   invalidity rising to 20 % which, under the common Rules
                                                                   on insurance against the risk of accident, triggers the right
An action against the Commission of the European                   to a review. Accordingly, the applicant asked the
Communities was brought before the Court of First                  administration to apply Article 22 of those Rules in his
Instance of the European Communities on 11 May 1998                case. The implied refusal of that request led him to bring
by Luciano Mammarella, represented by Giuseppe                     the present proceedings.
Marchesini, of the Vicenza Bar, with an address for service
in Luxembourg at the Chambers of Ernest Arendt, Rue
Mathias Hardt.                                                     In support of his claims, the applicant pleads:
The applicant claims that the Court should:                        Ð Infringement of Article 73(2)(c) of the Staff
                                                                       Regulations and Article 22 of the Rules, in so far as
                                                                       the initial relationship between the applicant and the
Ð confirm that the relationship between the Commission
                                                                       Commission cannot be classed as a works contract, for
    and the applicant during the period from 1962 to
                                                                       the purposes of Italian private law, but must be
    1964 was an employment relationship, subject at the
                                                                       recognised as a contract of employment. The
    very least to the employment conditions laid down for
                                                                       applicant's duties could not be governed by a contract
    temporary staff,
                                                                       of the kind provided for local staff since they were not
                                                                       manual or service duties' within the meaning of
Ð annul the Commission's refusal to grant the applicant                Article 4 of the Conditions of Employment of Other
    insurance cover in respect of accident and the                     Servants, but rather the kind of duties performed by a
    aggravation of any consequent invalidity,                          member of the scientific and technical staff or similar.
Ð declare that the applicant is due damages equivalent to          Ð Breach of the principle of non-discrimination and of
    the amount provided for in the case of 20 %                        the duty to have regard for the applicant's welfare. On
    permanent invalidity as a result of accident,                      that point, the applicant maintains that his unlawful
                                                                       classification led to a lack of insurance cover in the
                                                                       event of the invalidity which was determined at the
    and, in any event,                                                 time and which has deteriorated now that he is an
                                                                       official of the Commission. This is clear evidence of
                                                                       discrimination, given his rightful insurance situation
Ð award the applicant costs.                                           and that of all his colleagues.
Pleas in law and main arguments adduced in support:
The applicant, who is an official on the scientific and
technical staff of the Joint Research Centre at Ispra
contests the administration's decision to regard the work                   Removal from the register of T-153/94 (1)
performed by him between 1962 and 1964 as that of an                                       (98/C 209/93)
outside contractor, on the basis of contracts which were
systematically renewed. Although such agreements had the
appearance of works contracts, in the applicant's view                             (Language of the case: Dutch)
they amounted to a genuine and proper contract of
employment in so far as the detailed rules for their
implementation disclose all the essential characteristics:         By order of 4 May 1998 the President of the Fourth
continuous service, compliance with working hours,                 Chamber of the Court of First Instance of the European
obedience to instructions from superiors, employee status,         Communities has ordered the removal from the register of
fixed remuneration and positioning within the Centre's             Case T-153/94: Pell Nederland B.V. and Internationale
organisational hierarchy.                                          Controle Maatschappij I.C.M. BV. v. Commission of the
                                                                   European Communities.
On that basis, the applicant brought judicial proceedings          (1) OJ C 161, 11.6.1994.
on 18 January 1975 under Article 1 of Italian Law No 533
of 11 August 1972 seeking regularisation of the service
provided during the period specified above, particularly in