CELEX: C1997/142/47
Language: en
Date: 1997-05-10 00:00:00
Title: Action brought on 4 March 1997 by Erik Dan Frederiksen against the European Parliament (Case T-48/97)

10 . 5 . 97           EN                 Official Journal of the European Communities                                 No C 142/23
Commission's position fails to take account of the binding           concerned the unlawful appointment by the Parliament on
authority of the judgment of 27 February 1992, Articles 18           3 July 1989, with effect from 1 June 1989, and its
and 19 of the Insurance Rules and the principle of good              subsequent re-appointment, of another official to the post
management. Having regard to everything on the file, its             of Language Adviser in the Danish Translation Division,
position also constitutes a misuse of powers. Since                  despite the fact that the applicant fulfilled all the necessary
27 February 1992, the Commission has systematically                  conditions and had been proposed for appointment to the
been acting in disregard of the applicant's rights and               post .
contrary to the Insurance Rules, as it had before that date .
The Commission could not legitimately instruct a new                 The applicant complains that the Parliament failed
expert for the purpose of the decision under Article 19 of           correctly to comply with the judgments delivered by the
the Insurance Regulations . In addition the pre-litigation           Court of First Instance and the Court of Justice, that it
procedure was not adhered to since the Commission made               disregarded the consequences of those judgments, and that
its decision on the complaint without convening the                  it refused to acknowledge the unlawfulness of its conduct,
Interdepartmental Group.                                             in that it persisted in such unlawful acts .
As regards the application for damages, the applicant                The Parliament's conduct has adversely affected the career
contends that the persistently unlawful behaviour of the             progress of the applicant, who is seeking, on a provisional
Commission over 13 years, since the application made on              basis, compensation for the material damage suffered in
24 January 1984, or at the very least over five years, since         the sum of Bfrs 6 000 000, corresponding to the difference
the judgment of 27 February 1992, has had a detrimental              in his salary and related allowances over the period from
effect on his physical and psychological health.                     1 June 1989 until the date of the applicant's retirement.
                                                                     Moreover, the applicant has suffered considerable non­
                                                                     material damage, estimated in the sum of Bfrs 5 000 000,
                                                                     because the Parliament's conduct has seriously affected his
                                                                     health,    in  that   he     has   contracted  three   illnesses
Action brought on 4 March 1997 by Erik Dan Frederiksen               acknowledged by the appointing authority as being serious
                against the European Parliament                      illnesses within the meaning of Article 72 ( 1 ) of the Staff
                         ( Case T-48/97 )                            Regulations .
                           ( 97/C 142/47
                 (Language of the case: French)
An action against the European Parliament was brought                Action brought on 4 March 1997 by TAT European
before the Court of First Instance of the European                   Airlines against the Commission of the European
Communities on 4 March 1997 by Erik Dan Frederiksen,                                            Communities
residing at Howald ( Luxembourg ), represented by Georges                                    ( Case T-49/97)
Vandersanden, of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson                                       ( 97/C 142/48 )
Sari, 30 Rue de Cessange .
                                                                                     (Language of the case: French)
The applicant claims that the Court should:
                                                                     An action against the Commission of the European
— award the applicant, on a provisional basis,                       Communities was brought before the Court of First
      compensation for the material damage suffered in the           Instance of the European Communities on 4 March 1997
      estimated sum of Bfrs 6 000 000,                               by TAT European Airlines, established at Tours ( France ),
                                                                     represented by Romano Subiotto, of the Law Society of
                                                                     England and Wales, and Nicholas Levy, of the Bar of
— award the applicant compensation for the non­                      England and Wales, with an address for service in
      material damage suffered, estimated on an equitable            Luxembourg at the Chambers of Elvinger & Hoss, 15
      basis to amount to the sum of Bfrs 5 000 000,                  Cote d'Eich .
— order the European Parliament to pay all the costs.                The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:                  — annul the contested communication pursuant to
                                                                          Article 173 of the Treaty, primarily on account of
The applicant has previously brought a number of actions                  infringement of essential procedural requirements and,
against the European Parliament ( for example, Case                       in the alternative, by reason of manifest errors of
                                                                          assessment,
T-169/89, reported at [ 1991 ] ECR 11-1403 , and Case
T-106/92 , reported at [ 1995] ECR SC 11-99, an abstract of
which appears at [ 1995] ECR-SC I-A-29 ), all of which               — order the Commission to pay the costs .