CELEX: C2003/112/57
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court of First Instance of 26 February 2003 in Case T-145/01: Benito Latino v Commission of the European Communities (Officials — Occupational disease — Validity of the opinion of the Medical Committee — Evidence of the occupational origin of the disease — Scientific uncertainty — Proper conduct of the procedure preceding the reference to the Medical Committee)

C 112/30                 EN                          Official Journal of the European Union                                       10.5.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 26 February 2003
                        of 26 February 2003
                                                                             in Case T-164/01: Arnaldo Lucaccioni v Commission of
                                                                                              the European Communities (1)
in Case T-145/01: Benito Latino v Commission of the
                     European Communities ( 1)                                      (Officials — Action for damages — Admissibility)
                                                                                                        (2003/C 112/58)
(Officials — Occupational disease — Validity of the opinion
of the Medical Committee — Evidence of the occupational                                           (Language of the case: Italian)
origin of the disease — Scientific uncertainty — Proper
conduct of the procedure preceding the reference to the
                         Medical Committee)
                                                                             In Case T-164/01: Arnaldo Lucaccioni, a former official of the
                                                                             Commission of the European Commmunities, residing in St-
                                                                             Leonard-on-Sea (United Kingdom), represented by M. Cimino
                            (2003/C 112/57)                                  and F. Apruzzi, lawyers, against Commission of the European
                                                                             Communities (Agents: J. Currall and A. Dal Ferro) — appli-
                                                                             cation for compensation under the ordinary law governing
                     (Language of the case: French)                          non-contractual liability applicable under Article 236 EC, for
                                                                             pain and suffering and physical harm suffered by the applicant
                                                                             for the period preceding the onset of his occupational disease
                                                                             as a result of the Commission’s negligence, — the Court of
                                                                             First Instance (First Chamber), composed of: B. Vesterdorf,
                                                                             President, and N. J. Forwood and H. Legal, Judges; J. Palacio
In Case T-145/01: Benito Latino, former official of the                      González, Principal Administrator, for the Registrar, has given
Commission of the European Communities, residing in Séri-                    a judgment on 26 February 2003, in which it:
gnac-Peboudou (France), represented by G. Vandersanden
and L. Levi, lawyers, against Commission of the European                     1.     Dismisses the application as inadmissible;
Communities (Agents: J. Currall and J.-L. Fagnart) — appli-
cation for the annulment of the decision of the Commission                   2.     Orders the parties to bear their own costs.
of 10 August 2000 rejecting the applicant’s request that it
acknowledge the occupational origin of his arthritic symptoms
and charging to the applicant the fees and incidental expenses               (1 ) OJ C 275 of 29.9.01.
of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor making up the committee - the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
N. J. Forwood and H. Legal, Judges; D. Christensen, Adminis-
trator, for the Registrar, gave a judgment on 26 February
2003, in which it:                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       of 5 March 2003
1.     annuls the decision of the Commission of 10 August 2000
       insofar as it charges to the applicant the fees and incidental        in Case T-194/01: Unilever NV v Office for Harmonisation
       expenses of the doctor appointed by the applicant to the Medical      in the Internal Market (Trade Marks and Designs)
       Committee and half of the fees and incidental expenses of the                                       (OHIM) ( 1)
       third doctor;
                                                                             (Community trade mark — Three-dimensional mark —
                                                                             Shape of a product for dishwashers — Ovoid tablet —
2.     dismisses the remainder of the application;                           Absolute ground for refusal — Article 7(1)(b) of Regulation
                                                                                                         (EC) No 40/94)
3.     orders the parties to bear their own costs.
                                                                                                        (2003/C 112/59)
                                                                                                 (Language of the case: English)
( 1) OJ C 245 of 1.9.01.
                                                                             In Case T-194/01, Unilever NV, established in Rotterdam
                                                                             (Netherlands), represented by V. von Bomhard and A. Renck,