CELEX: C2004/047/59
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-399/03: Action brought on 13 December 2003 by Arnaldo Lucaccioni against the Commission of the European Communities

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.