CELEX: C1998/041/47
Language: en
Date: 1998-02-07 00:00:00
Title: Action brought on 2 December 1997 by Benito Latino against the Commission of the European Communities (Case T-300/97)

7.2.98                  EN                  Official Journal of the European Communities                                   C 41/23
competition. According to that decision, the applicant's               Action brought on 2 December 1997 by Benito Latino
certificates and diplomas did not fulfil the conditions laid             against the Commission of the European Communities
down in point III.B.2 of the competition notice, according                                   (Case T-300/97)
to which candidates were required to have completed full
university studies certified by a diploma (degree or                                           (98/C 41/47)
equivalent).
                                                                                      (Language of the case: French)
The applicant considers that possession of the diploma in              An action against the Commission of the European
ingeniería teÂcnica' presupposes full university studies              Communities was brought before the Court of First
certified by a diploma and that the selection board is                 Instance of the European Communities on 2 December
imposing a requirement which does not appear in the                    1997 by Benito Latino, residing in Brussels, represented by
wording of the vacancy notice.                                         Olivier Eben, of the Brussels Bar, 11 Rue Paul Emile
                                                                       Janson, Brussels.
In support of his claims, the applicant puts forward the               The applicant claims that the Court should:
following pleas in law:
                                                                       Ð order the Commission to pay, pursuant to Article 73
                                                                           of the Staff Regulations and Article 14 of the Rules on
Ð Breach of the principle of equal treatment,
                                                                           the insurance of officials of the European
                                                                           Communities against the risk of accident and of
                                                                           occupational disease, a capital sum, based on the rate
Ð Infringement of Directive 89/48/EEC (1), the provisions
                                                                           of permanent partial incapacity determined by the
     of which are considered applicable, by way of analogy,
                                                                           Court, in respect of the asbestosis contracted by the
     to any competition notice,
                                                                           applicant,
Ð Breach of the principle of proportionality, inasmuch                 Ð order the Commission to pay ECU 1 000 000 by way
     as, in the applicant's view, the requirement to hold a                of compensation for the non-material damage suffered
     long cycle diploma is neither necessary nor                           by the applicant,
     appropriate in order to achieve the objective pursued,
     which is simply that of recruiting into the A/LA                  Ð order the Commission to pay interest at the rate of
     category of the Community civil service individuals                   10 % per annum on the capital sum found by the
     who have followed full university degree courses                      Court to be payable in accordance with the rate of
     certified by a diploma,                                               permanent partial incapacity determined pursuant to
                                                                           Articles 73 and 14 of the Staff Regulations, and on the
                                                                           capital sum of ECU 1 000 000, such interest to be
Ð Breach of the principle of legal certainty and of                        calculated from 1 August 1997 until payment in full of
     legitimate expectations,                                              that capital sum,
                                                                       Ð annul, in so far as may be necessary, the decision of
Ð Breach of the right of access to the Community public                    the Commission of 1 August 1997 refusing the
     service.                                                              applicant's request of 11 May 1997,
                                                                       Ð order the Commission to pay all the costs.
The applicant further affirms that, in its judgment in Case
T-82/92 Manuel CorteÂs JimeÂnez v. Commission [1994] (2),
                                                                       Pleas in law and main arguments adduced in support:
the Court of First Instance simply rejected the higher'
nature of the ingeniero teÂcnico' diploma without,
however, thereby expressly rejecting the full' nature of              The applicant, a former official who worked in the
that diploma.                                                          Berlaymont building in Brussels as an archivist from 1969
                                                                       to 1991, has contracted an occupational disease,
                                                                       asbestosis. On 11 February 1997 the appointing authority
The applicant also claims that the defendant has misused               decided to recognize the applicant as having a permanent
its power inasmuch as, in his view, the contested act forms            partial incapacity (PPI) rate of 5 %, equivalent to a capital
part of a staff selection policy intended to prevent access            sum of Bfrs 639 114.
by ingenieros teÂcnicos' to the A/LA category.
                                                                       The applicant maintains that, in view of the seriousness of
                                                                       that mortal illness and the physical consequences resulting
(1) Council Directive of 21 December 1988 on a general system
                                                                       from it, which will totally reduce his quality of life, he
    for the recognition of higher-education diplomas awarded on
    completion of professional education and training of at least      should be awarded a PPI percentage reflecting with the
    three years' duration (OJ L 19, 24.1.1989, p. 16).                 seriousness of his illness. According to the applicant, the
(2) ECR II-237.                                                        Commission is guilty of having required him to work in a
                                                                       building in which, between 1967 and 1969, the workers
                                                                       were exposed to the flaking' of 4 000 tonnes of asbestos
                                                                       on the south and west walls, despite the fact that:
 ---pagebreak--- C 41/24                EN                Official Journal of the European Communities                                  7.2.98
Ð the Commission knew of, or could not in any event                 Communities ordered the removal from the register of
    have been unaware of, the dangerous nature of                   Case T-173/96: Teresa Maria Rodrigues Gomes de
    asbestos generally, and, in particular, the danger which        Oliveira v. Commission of the European Communities.
    it represented for persons performing tasks of an
    administrative nature and archive work in a building            (1) OJ C 388, 21.12.1996.
    contaminated with asbestos;
Ð the Commission knew that it lacked sufficient staff to
    monitor compliance with safety and hygiene standards
    generally and the protection measures applicable
    during the course of maintenance works.                         Removal from the register of Joined Cases T-176/96 and
                                                                                            T-108/97 (1)
The unlawfulness of the conduct in question also results                                    (98/C 41/49)
from a disregard of the principles, rights and guarantees                          (Language of the case: French)
contained in the European Social Charter. Those
principles, rights and guarantees constitute general                By order of 4 December 1997, the President of the First
principles of Community law with which the Community                Chamber of the Court of First Instance of the European
authorities are required to comply and which the                    Communities ordered the removal from the register of
Community judicature is required to monitor. On the                 Joined Cases T-176/96 and T-108/97, Cornelis Volger v.
basis of that Charter, the applicant claims that all workers        European Parliament.
are entitled to safety and hygiene at work, that all persons
are entitled to the benefit of all such measures as will            (1) OJ C 388, 21.12.1996 and OJ C 181, 14.6.1997.
enable them to enjoy the best possible state of health and
that it is necessary, in so far as may be possible, to prevent
epidemic, endemic and other illnesses. In the present case,
the applicant's rights were disregarded and no measures
were taken to prevent diseases caused by contact with
asbestos.                                                                    Removal from the register of T-225/97 (1)
                                                                                            (98/C 41/50)
                                                                                   (Language of the case: French)
                                                                    By order of 17 December 1997, the President of the
                                                                    Fourth Chamber of the Court of First Instance of the
          Removal from the register of T-173/96 (1)                 European Communities ordered the removal from the
                          (98/C 41/48)                              register of Case T-225/97: Asia Motor France SA, Jean-
                                                                    Michel Cesbron, Monin Automobiles SA and Europe Auto
                (Language of the case: French)                      Service (EAS) SA v. Commission of the European
                                                                    Communities.
By order of 5 December 1997, the President of the Second
Chamber of the Court of First Instance of the European              (1) OJ C 318, 18.10.1997.