CELEX: C2003/200/59
Language: en
Date: 2003-08-23 00:00:00
Title: Case T-245/03: Action brought on 20 June 2003 by Fédération Nationale des Syndicats d'Exploitants Agricoles (FNSEA) and Others against Commission of the European Communities

23.8.2003            EN                          Official Journal of the European Union                                         C 200/33
Pleas in law and main arguments                                          European Communities on 20 June 2003 by Fédération des
                                                                         Nationale des Syndicats d'Exploitants Agricoles (FNSEA), the
The applicant, a former Commission official, worked for many             Fédération Nationale Bovine (FNB), the Fédération Nationale
years in the Berlaymont building, which was then contami-                des Producteurs de Lait (FNPL) and Jeunes Agriculteurs (JA),
nated with asbestos. In 1996, the applicant applied for recog-           Fédération Nationale, established in Paris, represented by Bruno
nition of the occupational nature of her illness and, in 1998,           Néouze and Valérie Ledoux, lawyers, with an address for
requested that a medical committee be consulted in accordance            service in Luxembourg.
with Article 21 of the Rules on the Insurance of Officials of
the European Communities against the Risk of Accident and of
Occupational Disease. That medical committee issued a first
                                                                         The applicants claims that the Court should:
majority opinion in 2000, but, after a complaint by the
applicant, the Commission decided to refer to it a second
time. On 23 April 2003, the applicant sent a diagnosis to the            —     annul the Commission Decision of 2 April 2003,
Commission, requesting that it be examined by the medical                      No C.38.279/F3 — French beef in respect of the FNSEA,
committee. In reply to that request, the Commission stated, by                 the FNB, the FNPL and the JA;
letter of 5 May 2003, that the medical committee had already
finished its work and that it was therefore impossible to
submit the diagnosis sent by the applicant to it for its opinion.        —     alternatively, cancel the fines imposed on them;
The applicant challenges that latter decision, which she claims
should be annulled. She also argues that the composition of
the medical committee should have been changed at the time               —     further and alternatively, reduce the amount of the fines;
of the second reference to it, and therefore requests that two
of its members be challenged. In support of her claims, she
alleges misuse of powers, lack of independence and neutrality            —     order the Commission of the European Communities to
on the part of the medical committee, infringements of the                     pay the costs.
principle of sound administration and the duty to pay due
regard to the welfare of officials, and infringement of the
principle of the protection of legitimate expectations.
                                                                         Pleas in law and main arguments
Action brought on 20 June 2003 by Fédération Nationale
des Syndicats d'Exploitants Agricoles (FNSEA) and Others
     against Commission of the European Communities                      The contested decision in the present case is the same as that
                                                                         in Case T-217/03 Fédération Nationale de la Coopération Bétail
                        (Case T-245/03)                                  et Viande (FNCBV) v Commission (1).
                        (2003/C 200/59)
                  (Language of the case: French)                         The pleas and main arguments are the same as those put
                                                                         forward in that case.
An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the             (1) See p. 30 of this Official Journal.