CELEX: C1995/137/76
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 29 March 1995 by Walter Gill against the Commission of the European Communities (Case T-90/95)

3 . 6 . 95              EN                   Official Journal of the European Communities                                No C 137/35
     prices prevailing at the time and the fact that it was             — order the defendant to pay the costs .
     impossible for a forwarding agent to verify the accuracy
     of answers given in declarations,                                  Pleas in law and main arguments adduced in support:
— breach of the principle of proportionality. The                       The applicant, a former Commission official suffering total
     obligation deemed by the decision to be incumbent on               permanent invalidity, criticizes the Commission for failing
     the forwarding agent, requiring him to examine the                 to disclose to him certain detail concerning his state of
     accuracy of the information supplied by the client for the         health, in particular for not advising him in due time of the
     purposes of the declaration and to ensure that the client          illness diagnosed by its doctors, and for keeping him in a
     is not acting fraudulently, is disproportionate,                   post incompatible with his state of health .
— infringement of Article 6 of the European Convention
                                                                        He states that, being afflicted with an obstructive
     on Human Rights .
                                                                        bronco-pneumopathic condition, the applicant applied for
(M OJ No L 175 , 12 . 7. 1979 , p . 1 .
                                                                        retirement on grounds of invalidity under the second
                                                                        paragraph of Article 78 of the Staff Regulations and it was
                                                                        not until 27 March 1987, nearly six years after being lodged,
                                                                        that that application was examined by the Invalidity
                                                                        Committee, which concluded that he was not suffering from
Action brought on 29 March 1995 by Walter Gill against                  an occupational illness . It was only during that procedure
        the Commission of the European Communities                      that the applicant learned that the Commission's medical
                                                                        officers had , in particular when examining him prior to
                          ( Case T-90/95 )                              recruitment, diagnosed a chronic pulmonary illness .
                            ( 95/C 137/76 )
                                                                        He claims in particular, in that regard, that, by failing to
                 (Language of the case: French)                         inform him or his doctor of the results of the examinations
                                                                        carried out by its doctors, the Commission unlawfully
An action against the Commission of the European                        deprived him of the opportunity of deciding, in full
Communities was brought before the Court of First                       knowledge of the facts , whether or not to accept
Instance of the European Communities on 29 March 1995                   employment of a kind which might aggravate his state of
by Walter Gill, of Sudbury (United Kingdom ), represented               health .
by Jean-Noel Louis , Thierry Demaseure and Ariane Tornel,
of the Brussels Bar, with an address for service in                     Furthermore, in view of the incoherence of the statement of
                                                                        the reasons on which the successive decisions of the
Luxembourg at the office of Fiduciaire Myson Sari, 1 Rue
Glesener .                                                              appointing authority were based and the changes in the
                                                                        versions thereof occurring in the course of the various
The applicant claims that the Court should :                            procedures, there was what in reality amounted to a total
                                                                        lack of any statement of reasons .
— annul the Commission decision of 26 September 1994
     expressly rejecting his claim for compensation of                  Finally, since the appointing authority did not supply to the
     10 May 1994 under Article 90 ( 1 ) of the Staff                    applicant, despite an express request from his adviser,
     Regulations,                                                       specific information regarding the measures adopted by it in
                                                                        order to preserve his anonymity, and having regard to the
— annul, so far as necessary, the Commission decision of                documents     disclosed     to  him  in  the  course   of the
     28 December 1994 expressly rejecting his complaint and             pre-litigation procedure , the applicant can but conclude that
     his more detailed complaint,                                       no proper measure was taken and that his right to respect of
                                                                        his private life was scornfully disregarded by the
— order the defendant:                                                  administration .
     — to pay, by way of compensation for material and
          non-material          damage      suffered      through
          non-disclosure of information as to his state of
          health, a sum equal to eight years ' remuneration to
          which he would have been entitled if he had not been
                                                                        Action brought on 29 March 1995 by Lieve De Nil and
          obliged , as a result of the successive wrongful acts         Christiane Impens against the Council of the European
          committed , to apply for retirement on grounds of                                            Union
          invalidity,
                                                                                               ( Case T-91/95 )
     — to pay compensatory interest on that sum at the rate                                      ( 95/C 137/77 )
          of 8 % per annum as from the date of his
          application,
                                                                                       (Language of the case: French)
     — to pay the applicant the sum of ECU 10 000 , by way
          of redress for the non-material damage suffered as a          An action against the Council of the European Union was
          result of the fact that, without reservation and              brought before the Court of First Instance of the European
          against his will, his application and complaint were          Communities on 29 March 1995 by Lieve De Nil and
          made public,                                                  Christiane Impens, of Wolvertem and Brussels (Belgium ),