CELEX: C1999/136/33
Language: en
Date: 1999-05-15 00:00:00
Title: Order of the Court of First Instance of 15 January 1999 in case T-199/97: Patricia Maugain v Commission of the European Communities (Member of the temporary staff - Contract for a limited period - Possibility of its being extended - Action for annulment - Manifest inadmissibility)

15.5.1999             EN                      Official Journal of the European Communities                                     C 136/15
                                                        COURT OF FIRST INSTANCE
      ORDER OF THE COURT OF FIRST INSTANCE                               The applicants claims that the Court should:
                      of 15 January 1999                                 — annul the decision made on 4 November 1998, rejecting
                                                                             the complaint submitted by the applicant to the appointing
                                                                             authority on 4 June 1998 by which he contested the
in case T-199/97: Patricia Maugain v Commission of the                       decision adopted on 6 March 1998 by the Settlements
                   European Communities (1)                                  Office, Luxembourg, refusing to grant prior authorisation
                                                                             for reimbursement of the cost of a thalassotherapy cure at
(Member of the temporary staff — Contract for a limited                      Quiberon during the course of 1998;
period — Possibility of its being extended — Action for
            annulment — Manifest inadmissibility)                        — order the defendant to pay the costs.
                        (1999/C 136/33)                                  Pleas in law and main arguments
                   (Language of the case: French)                        The applicant contests the refusal by the Settlements Office of
                                                                         the Joint Sickness Insurance Scheme to cover the cost of a
                                                                         thalassotherapy cure during the course of 1998.
In case T-199/97: Patricia Maugain, a member of the temporary
staff of the Commission of the European Communities,
residing in Brussels, represented by Nicolas Lhoëst, of the              He pleads in that regard infringement of Article 25 of the Staff
Brussels Bar, with an address for service in Luxembourg at the           Regulations, together with a manifest error of assessment, in
office of Fiduciaire Myson SARL, 30 rue de Cessange, v                   that neither the contested decision nor any preparatory act
Commission of the European Communities (Agents: Gianluigi                brought to his notice explains in detail the medical reasons
Valsesia and Florence Duvieusart-Clotuche) — application for             which prompted the Settlements Office to refuse to cover the
annulment of the Commission’s decision of 26 August 1996                 cost, whereas the expense of such a cure had been borne by
expressly rejecting a request by the applicant for an extension          the Joint Scheme on several occasions in previous years and
of her contract as a member of the temporary staff and, in the           the applicant’s medical situation has not improved in any way
alternative, for annulment of the Commission’s decision of the           in the interim.
20 March 1997 expressly rejecting her complaint — the Court
of First Instance (Second Chamber), composed of: A. Potocki,
President, and C. W. Bellamy and A. W. H. Meij, Judges; H.
Jung, Registrar, made an order on 15 January 1999, the
operative part of which is as follows:
1. The application is dismissed;
                                                                         Action brought on 12 February 1999 by Sociedade
2. The parties are ordered to bear their own costs.                      Agrı́cola dos Arinhos, Lda and Others against the Com-
                                                                                     mission of the European Communities
(1) OJ C 271, 6.9.1997.                                                                (Joined Cases T-38/99 to T-50/99)
                                                                                                 (1999/C 136/35)
                                                                                          (Language of the case: Portuguese)
Action brought on 4 February 1999 by Philippe Pipeaux                    An action against the Commission of the European Communi-
               against the European Parliament                           ties was brought before the Court of First Instance of the
                                                                         European Communities on 12 February 1999 by Sociedade
                         (Case T-34/99)                                  Agrı́cola dos Arinhos, Lda, Sociedade Agrı́cola do Monte da
                                                                         Aldeia, Lda, António José da Veiga Teixeira, Sociedade Agrı́cola
                                                                         Monte da Senhora do Carmo SA, Sociedade Agrı́cola de
                        (1999/C 136/34)                                  Perescume, SA, Sociedade Agrı́cola Couto do Fornilhos, SA,
                                                                         casa Agrı́cola da Raposeira, Lda, José de Barahona Núncio,
                                                                         Prestase — Prestação de Serviços e Contabilidade, Lda, Socieda-
                   (Language of the case: French)                        de Agro-Pecuária da Herdade do Zambujal Lda, Francisco Luı́s
                                                                         Pinheiro Caldeira, Sociedade Agrı́cola Cabral de Ascenção, Lda,
An action against the European Parliament was brought before             and Joaquin Inácio Passanha Braancamp Sobral, residing and
the Court of First Instance of the European Communities on               established in Portugal, represented by Carlos Botelho Moniz
4 February 1999 by Philippe Pipeaux, residing at Mensdorf                and Júlia Rôla Roque, of the Lisbon Bar, with an adress for
(Luxembourg), represented by Lucas Vogel, lawyer, of                     service in Luxembourg at the chambers of Aloyse May, 31
187 Chaussée de la Hulpe, Brussels.                                      Grand-rue.