CELEX: C2002/044/48
Language: en
Date: 2002-02-16 00:00:00
Title: Case T-313/01: Action brought on 17 December 2001 by R against the Commission of the European Communities

C 44/28                 EN                       Official Journal of the European Communities                                       16.2.2002
The applicants submit further that the Council and Com-                     —     annul the measure of 22 May 2001 adversely affecting the
mission have not examined the reasons why the Taliban                             applicant and the implied rejection of her administrative
Sanctions Committee included the applicants in its list. Nor                      complaint;
were the applicants given any opportunity to apprise them-
selves of and refute the allegations on which the decision to               —     require the defendant to pay to the applicant 85 % of the
include them in Annex I was based. The applicants have                            cost of surgery on her of BEF 200 234;
thus had onerous sanctions imposed on them without any
opportunity to defend themselves. The fundamental legal                     —     order the defendant to pay the costs.
principle of the right to a fair and equitable hearing has thus
been disregarded.
                                                                            Pleas in law and main arguments
Moreover, Regulation (EC) No 2199/2001 is marred by
significant flaws, which points clearly to the need to consider
each individual case separately. At the same time, there are                1.    The applicant challenges the adverse decision of the
good reasons to doubt whether it is appropriate to impose                         Claims Office of the Joint Sickness Insurance Scheme of
sanctions on the applicants.                                                      22 May 2001 relating to meeting the costs of operating
                                                                                  on the applicant.
(1) Commission Regulation (EC) No 2199/2001 of 12 November
    2001 amending, for the fourth time, Council Regulation (EC)             2.    (a)   Infringement of Articles 24 and 72 of the Staff
    No 467/2001 prohibiting the export of certain goods and services                    Regulations, and of the Rules on sickness insurance
    to Afghanistan, strengthening the flight ban and extending the                      for officials of the European Communities (in par-
    freeze of funds and other financial resources in respect of the                     ticular of Article 1 and Annexes I and II).
    Taliban of Afghanistan and repealing Regulation (EC)
    No 337/2000 (OJ 2001 L 295, p. 16).                                           (b) Infringment of the principles of good adminstration
(2) Council Regulation (EC) No 467/2001 of 6 March 2001 pro-                            and of transparency.
    hibiting the export of certain goods and services to Afghanistan,
    strengthening the flight ban and extending the freeze of funds and
    other financial resources in respect of the Taliban of Afghanistan,           (c)   Manifest error as to the facts and clear error of
    and repealing Regulation (EC) No 337/2000 (OJ 2001 L 67, p. 1).                     assessment.
                                                                                  (d) Inadequate statement of grounds.
Action brought on 17 December 2001 by R against the
         Commission of the European Communities                             Action brought on 27 December 2001 by José Marı́a Pujals
                                                                            Gomis against Commission of the European Communities
                          (Case T-313/01)
                                                                                                      (Case T-332/01)
                           (2002/C 44/48)
                                                                                                       (2002/C 44/49)
                     (Language of the case: Greek)
                                                                                               (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                  An action against the Commission of the European Communi-
European Communities on 17 December 2001 by R, a                            ties was brought before the Court of First Instance of the
Commission official, represented by K. Tagaras, Lawyer, with                European Communities on 27 December 2001 by José
an address for service in Athens.                                           Marı́a Pujals Gomis, residing in Cerdanyola del Vallés (Spain),
                                                                            represented by Javier Pujals Gomis, lawyer.
The applicant claims that the Court should:                                 The applicant claims that the Court should:
—     grant the application in its entirety and in respect of all           —     Annul the decision of the selection board for Competition
      its claims;                                                                 COM/B/1/0 of 28 September 2001;