CELEX: C1998/209/86
Language: en
Date: 1998-07-04 00:00:00
Title: Action brought on 20 April 1998 by Giuliana Gaspari against the European Parliament (Case T-66/98)

4.7.98                EN                Official Journal of the European Communities                                  C 209/41
wheat delivered by the applicant at the prices agreed in               grounds or by an insufficient statement of grounds. At
February 1993.                                                         no time during the pre-litigation procedure was the
                                                                       applicant informed, either directly or indirectly
(1) Case C-357/93 (subsequently Case T-494/93), OJ C 231,              through her doctor, of the precise medical reasons on
    27.8.1993, p. 10.                                                  which the administrative decision taken with respect
                                                                       to her was based, despite her request for such
                                                                       information, nor, as a consequence, was she in a
                                                                       position to put her point of view on the findings and
                                                                       conclusions of the medical officer and, if necessary, to
                                                                       dispute their substance.
Action brought on 20 April 1998 by Giuliana Gaspari                Ð Infringement of Article 8 of the European Convention
               against the European Parliament                         on Human Rights, in that the applicant never
                        (Case T-66/98)                                 authorised the medical officer of the office responsible
                                                                       for settling claims in Luxembourg to seek the opinion
                         (98/C 209/86)
                                                                       of the doctors expressly mentioned in the explicit
                                                                       decision rejecting her request and, in particular, to
                (Language of the case: French)                         pass on to them any information whatsoever regarding
                                                                       her state of health.
An action against the European Parliament was brought
before the Court of First Instance of the European
Communities on 20 April 1998 by Giuliana Gaspari
residing in Sandweiler (Luxembourg), represented by Jean
NoeÈl Louis, Ariane Tornel and FrancËoise Parmentier, of
the Brussels Bar, with an address for service in                   Action brought on 20 April 1998 by Theodore
Luxembourg at the offices of Fiduciaire Myson SARL, 30,            Giannakopoulos against the Commission of the European
Rue de Cessange.                                                                            Communities
                                                                                          (Case T-67/98)
The applicant claims that the Court should:                                                (98/C 209/87)
                                                                                  (Language of the case: French)
Ð annul the decision of 26 August 1997 by the office
     responsible for settling claims not to grant to the
     applicant the prior authorisation necessary for               An action against the Commission of the European
     reimbursement of the expenses of the treatment at a           Communities was brought before the Court of First
     spa prescribed by her doctor,                                 Instance of the European Communities on 20 April 1998
                                                                   by Theodore Giannakopoulos, residing in Brussels,
                                                                   represented by Jean NoeÈl Louis, VeÂronique Leclercq,
Ð order the defendant to pay the costs.                            Ariane Tornel and FrancËoise Parmentier, of the Brussels
                                                                   Bar, with an address for service in Luxembourg at the
                                                                   offices of Fiduciaire Myson SARL, 30 Rue de Cessange.
Pleas in law and main arguments adduced in support:
                                                                   The applicant claims that the Court should:
Between 1990 and 1995 the applicant underwent six
courses of treatment at a spa because of her health
problems. On 8 March 1996 she submitted a request for              Ð annul the decision of the Commission not to take
prior authorisation for a further course of treatment at a             account of medical certificates justifying the absence
spa. Although that treatment had been deemed to be                     of the applicant on the grounds of sickness from
necessary and indispensible, her request was refused                   17 July to 30 September 1997,
without any grounds being given. On 5 June 1997 the
applicant submitted a further request for prior
                                                                   Ð annul the decision of 12 May 1997, and, as far as
authorisation on the basis of a medical certificate of 3 June
                                                                       necessary, that of 18 April of that year, granting the
1997 from her rheumatologist. By the contested decision
                                                                       applicant leave on personal grounds from 1 August to
the office responsible for settling claims refused to grant
                                                                       30 September 1997,
the prior authorisation necessary for the reimbursement of
the expenses arising from this.
                                                                   Ð order the Commission to pay      the applicant the salary
                                                                       unlawfully withheld since 1     August 1997 together
She puts forward the following pleas in support of her                 with interest on the amount    in arrears calculated at
claims:                                                                8 % per annum from the         date due until actual
                                                                       payment,
Ð Violation of her right to a fair hearing in that the
     contested decision is vitiated by failure to state any        Ð order the defendant to pay the costs.