CELEX: C2004/047/58
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-397/03: Action brought on 10 December 2003 by the Fédération de l'Hospitalisation Privée ("FHP") 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;
 ---pagebreak--- C 47/30                EN                         Official Journal of the European Union                                          21.2.2004
—     Declare that the Commission of the European Communi-                The applicant claims that the Court should:
      ties failed to fulfil its obligations under the Treaty
      establishing the European Community by failing to
      adopt a decision following the complaint lodged by the              —     annul the decision of the Commission of 10 March 2003
      applicant on 8 December 2000;                                             in implement of the judgment of the Court of First
                                                                                Instance of the European Communities of 26 February
—     Order the Commission of the European Communities to                       2003 in Case T-212/01;
      pay the costs incurred by the applicant, amounting to a
      minimum of EUR 25 000.                                              —     annul the report of 25 October 2000 of the doctor in
                                                                                charge of the applicant’s case, notified to the applicant on
                                                                                10 March 2003, and the task entrusted to him;
Pleas in law and main arguments
                                                                          —     order the Commission to pay the costs;
The applicant states that it is acting on behalf of two
organisations which on 8 December 2000 had lodged a                       —     in the alternative, declare that the report of 25 October
complaint with the Commission concerning the methods of                         2000 must be disregarded in the procedure considering
public-sector hospital financing by the French State and, more                  the aggravation of the applicant’s occupational disease
specifically, an integrated plan in two protocols signed on 13                  and, if necessary, in the procedure for reopening a request
and 14 March 2000, under which the French Minister for                          that the disease be recognised as an occupational disease.
employment and solidarity undertook to procure additional
funding for those hospitals. According to the applicant, the
Commission has never stated its position on the statements
made in that complaint.
                                                                          Pleas in law and main arguments
In support of its action, the applicant alleges infringement of
Articles 87 and 88 of the EC Treaty and of Council Regulation
(EC) No 659/19991 (1). It states that the period of 39 months             On 7 June 2000, the applicant, a former official of the
which has passed since the complaint was lodged exceeds the               Commission who was granted retirement on the ground of
reasonable time within which the Commission has to adopt a                total permanent invalidity as a result of an occupational
decision.                                                                 disease, submitted a request on the basis of an alleged
                                                                          aggravation of his occupational disease. By decision notified to
                                                                          the applicant by letter of 16 November 2000, the Commission
(1) 1 Council Regulation (EC) No 659/1999 of 22 March 1999 laying
    down detailed rules for the application of Article 93 of the EC       suspended the procedure provided for by Article 22 of the
    Treaty, OJ 1999 L 83, p. 1.                                           Rules on the insurance of officials of the European Communi-
                                                                          ties against the risk of accident and of occupational disease
                                                                          and decided not to take action on the applicant’s request. As a
                                                                          result of an action brought by the applicant, that decision of
                                                                          the Commission was annulled by the Court of First Instance
                                                                          by judgment of 26 February 2003 (1). On 10 March 2003, the
                                                                          Commission wrote to the applicant following the judgment
                                                                          delivered by the Court in order to transmit to him of the report
Action brought on 13 December 2003 by Arnaldo Lucac-                      of the doctor in charge of his case and to inform him that it
cioni against the Commission of the European Communi-                     could not grant his request because what was involved was a
                                ties                                      draft decision as referred to in Article 21 of the Rules.
                         (Case T-399/03)
                                                                          By the present application, the applicant seeks the annulment
                                                                          of the decision contained in the letter of 10 March 2003 and
                          (2004/C 47/59)                                  of the doctor’s report. In support of his claims, he alleges failure
                                                                          to comply with the judgment of the Court of 26 February 2003
                   (Language of the case: French)                         in Case T-212/01, breach of the rights of defence, material
                                                                          errors, and breach of the duty to state reasons.
An action against the Commission of the European Communi-
                                                                          (1) Case T-212/01, published in OJ 2001 C 331, p. 25. Judgment
ties was brought before the Court of First Instance of the                    Notice in OJ 2003 C 112, p. 31.
European Communities on 13 December 2003 by Arnaldo
Lucaccioni, residing in St-Leonard-on-Sea (United Kingdom),
represented by Juan Ramón Iturriagagoitia Bassas and Karine
Delvolvé, lawyers.