CELEX: C2003/044/72
Language: en
Date: 2003-02-22 00:00:00
Title: Case T-377/02: Action brought on 17 December 2002 by "P" against the Commission of the European Communities

C 44/38               EN                          Official Journal of the European Union                                        22.2.2003
The applicant claims that the Court should:                               Pleas in law and main arguments
—     annul the Commission’s decision of 14 January 2002 to
      retire the applicant on an invalidity pension set in                The applicant is an official of the Commission and worked in
      accordance with the third paragraph of Article 78 of the            the Berlaymont building, where he was exposed to asbestos.
      Staff Regulations;                                                  In 2001 the applicant asked to be given an invalidity pension
                                                                          on the basis of Article 78 of the Staff Regulations. That request
—     order the Commission of the European Communities to                 was refused by the Commission.
      pay the costs.
                                                                          The applicant claims, first, that in rejecting his complaint the
                                                                          Commission misconstrued the facts which led to the appli-
Pleas in law and main arguments                                           cant’s complaining about the malfunctioning of the Invalidity
                                                                          Committee as a result of linguistic problems.
The applicant is an official of the Commission. The contested
decision forced the applicant into retirement with the benefit            The applicant also alleges that the principles of sound adminis-
of an invalidity pension set in accordance with the third                 tration and the administration’s duty to have regard to the
paragraph of Article 78 of the Staff Regulations.                         welfare of officials were breached, as were the principle of the
                                                                          protection of legitimate expectations, the rights of the defence
                                                                          and the Charter of Fundamental Rights of the European Union.
In support of his application, the applicant alleged infringe-            The applicant complains of irregularities in the procedure
ment of Article 7 of Annex II to the Staff Regulations and                before the Invalidity Committee such as the abandonment of
infringement of the provisions relating to the operation of               scheduled medical examinations, the problem of communi-
the Invalidity Committees. According to the applicant, the                cation and the absence of a lawyer at the meeting of the
Invalidity Committee was not properly formed. The applicant               Invalidity Committee.
also argues a breach of the duty to state reasons.
Action brought on 17 December 2002 by ‘P’ against the                     Action brought on 18 December 2002 by Antonio Andol-
         Commission of the European Communities                            fi against the Commission of the European Communities
                         (Case T-377/02)                                                          (Case T-379/02)
                         (2003/C 44/72)                                                            (2003/C 44/73)
                   (Language of the case: French)                                            (Language of the case: Italian)
An action against the Commission of the European Communi-
                                                                          An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
                                                                          ties was brought before the Court of First Instance of the
European Communities on 17 December 2002 by ‘P’, rep-
                                                                          European Communities on 18 December 2002 by Antonio
resented by Juan Ramon Iturriagagoitiia, lawyer.
                                                                          Andolfi, represented by Salvatore Amato, Lawyer.
The applicant claims that the Court should:
                                                                          The applicant claims that the Court should:
—     annul the Commission’s decision of 30 September 2002
      replying to the complaint lodged on 5 July 2002 by the              —     annul the contested provision;
      applicant on the basis of Article 90 of the Staff Regu-
      lations of Officials and Other Servants of the European             —     order the European Economic Community to compensate
      Communities;                                                              the damages suffered and to be suffered by Seven Stars
                                                                                Pictures and Phoenix European S.r.l., to be liquidated in
—     order the defendant to pay all the costs of the proceedings.              the course of the proceedings, together with clerical costs.