CELEX: C1999/188/65
Language: en
Date: 1999-07-03 00:00:00
Title: Case T-93/99: Action brought on 19 April 1999 by Beatrice Bonaiti Brighina against the Commission of the European Communities

C 188/28               EN                     Official Journal of the European Communities                                       3.7.1999
Pleas in law and main arguments                                          Pleas in law and main arguments
The applicant, who is the owner of a plantation in French                The applicant had asked for part of her salary to be transferred
Polynesia, states that he participated in a project for the              to the Menton (France) branch of the Banca SanPaolo, and
planting of tropical fruit trees on the Island of Raiatea which,         with her request attached a declaration that she had opened a
in accordance with promises given during a meeting of the                savings account designated ‘Home savings plan’ for the
farmers of Ile-sous-le-Vent in October 1991, was to be                   purpose of acquiring immovable property in France.
subsidised by the European Development Fund (EDF). The
funds assigned to that project were paid over, but were
                                                                         The applicant contests the condition stipulated by the Com-
apparently misapplied by the Government of French Polynesia,
                                                                         mission on the basis of Article 4 of its internal directive of
which was subsequently obliged to repay the money it had
                                                                         30 July 1993 (I.A. No 815 of 11 August 1993) to the effect
used improperly.
                                                                         that the transfer of the above sum is contingent upon the issue
                                                                         of an undertaking by the Banca SanPaolo, Menton, that it will
The applicant maintains that the fact that the EDF delegation            inform the Commission of all movements of funds made by
proposed the said project to the farmers of Raiatea and Tahaa            the applicant so that their whereabouts can be monitored.
gave them a legitimate expectation that the subsidy would be
paid to them. In accordance with Article 155 of the EC Treaty,
the Commission was under a duty to ensure that the funds                 In support of her claims, the applicant argues that the
assigned to the project were in fact paid to the farmers who             Commission has infringed and misapplied Article 17(2)(b) of
had, for their part, complied with the agreement.                        Annex VII to the Staff Regulations.
The applicant concludes from the foregoing that there is a               On that point, the applicant maintains that the purpose of
direct link between the undertaking given by the EDF and the             that provision is to enable an official who has financial
harm he suffered, which is in the amount of the promised                 responsibilities in a country other than his place of employ-
subsidy.                                                                 ment to have part of his disposable income transferred in the
                                                                         currency of that country in order to meet regular and certified
                                                                         expenses. It would therefore be unjustified to make the transfer
                                                                         of funds contingent upon the issue of a declaration such as
                                                                         that sought by the Commission. Also, the Commission’s
                                                                         request is in contravention of the general rules governing bank
                                                                         secrecy and the protection of privacy, both at the European
Action brought on 19 April 1999 by Beatrice Bonaiti                      level and in France. According to the applicant, it is difficult to
Brighina against the Commission of the European Com-                     imagine what information the banks are under a duty to
                            munities                                     protect, if not the details of clients’ transactions.
                         (Case T-93/99)
                        (1999/C 188/65)
                  (Language of the case: Italian)
                                                                         Action brought on 16 April 1999 by S.A. Satellimages TV5
                                                                         against the Commission of the European Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 April 1999 by Beatrice Bonaiti                                          (Case T-95/99)
Brighina, represented by Mirco Rizzoglio and Franco Colussi,
of the Milan and Luxembourg Bars, with an address for service                                    (1999/C 188/66)
in Luxembourg at the Chambers of Franco Colussi, 36 Rue De
Wiltz.
                                                                                           (Language of the case: English)
The applicant claims that the Court should:
                                                                         An action against the Commission of the European Communi-
— annul the internal Commission directive of 30 July 1993                ties was brought before the Court of First Instance of the
    (published in I.A No 815 of 11 August 1993), and the                 European Communities on 16 April 1999 by S.A. Satellimages
    refusal of 24 June 1998 (Prot. No 563 IX.B.4 VT/D(98)) of            TV5, represented by Eduard Marissens, with an address for
    Directorate General IX (Personnel and Adrninistration) and           service in Luxembourg at the Chambers of Lucy Dupong, 14
    the measure rejecting the complaint (Prot. No 3964 of                rue des Bains.
    22 Decernber 1998) concerning the transfer of FF 7 600
    per month, being part of the applicant’s salary, to her
    account designated ‘Home savings plan’ at the Menton                 The applicant claims that the Court should:
    branch of the Banca San Paolo;
                                                                         — declare annulled and void the decision, adopted by the
— in any event, award damages to be specified in the course                  defendant and contained in its letter of 15 February 1999
    of the proceedings;                                                      to the applicant, to reject the latter’s formal complaint of
                                                                             18 March 1998;
— order the Commission to pay all expenses and fees
    occasioned by the proceedings.                                       — order the Commission to pay the costs.