CELEX: C1995/333/41
Language: en
Date: 1995-12-09 00:00:00
Title: Removal from the register of Case T-389/94

No C 333/22           EN                  Official Journal of the European Communities                                   9 . 12 . 95
— order the Commission to pay all of the costs of the                concluding from the file in the matter, as constituted, that
    proceedings.                                                     the condition giving rise to invalidity was irreversible in
                                                                     nature, despite the fact that the documents on the file
Pleas in law and main arguments:                                     include numerous medical certificates showing that her state
                                                                     of health was good.
The applicant contends, first, that the defendant failed to
notify her that it had requested the President of the Court of       Lastly, the applicant pleads infringement of Article 25 of the
Justice, in accordance with Article 7 of Annex II to the Staff       Staff Regulations.
Regulations of Officials, to appoint the third doctor to sit on
the Invalidity Committee, and did not inform her of the
decision adopted in consequence of that request; she also
states that the doctor appointed to represent her did not
consider it necessary to advise her of his appointment, nor, a
fortiori, of the task with which he had been entrusted. In                Removal from the register of Case T-3 89/94 ( x )
those circumstances, the procedure by which the Invalidity
Committee was set up and instructed to act was seriously                                      ( 95/C 333/41 )
irregular.
                                                                                    (Language of the case: French)
The applicant also states that the fact that she was left in
ignorance of all of the work carried out by the Invalidity
Commission prevented her from exercising her right under             By order of 18 October 1995 the President of the Third
Article 9 of Annex II to the Staff Regulations to submit to the      Chamber of the Court of First Instance of the European
Committee any reports or certificates from her regular               Communities ordered the removal from the register of Case
doctor or from other medical practitioners .                         T-389/94 : Sebastiano Cordelia v. Comite Economique et
                                                                     Social des Communautes Europeennes .
She further considers that the Invalidity Committee has
breached the general principle of sound administration by            (') OJ No C 386 , 31 . 12 . 1994 .