CELEX: C1995/137/62
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 23 February 1995 by ATIC - Associação Técnica da Indústria de Cimento against the Commission of the European Communities (Case T-63/95)

No C 137/26         T EN                     Official Journal of the European Communities                                        3 . 6 . 95
Action brought on 23 February 1995 by ATIC —                            1995 by Hedwig Kuchlenz-Winter, resident in Kehlen
Associagao Tecnica da Industria de Cimento against the                  ( Luxembourg ),       represented      by     Dieter      Rogalla
         Commission of the European Communities                         ( Rechtsanwalt) of Sprockhovel ( Germany), with an address
                          ( Case T-63/95 )                              for service in Luxembourg at the chambers of Armin
                                                                        Machmer, 1 Rue Roger Barthel, Luxembourg.
                            ( 95/C 137/62 )
             (Language of the case: Portuguese)                         The applicant claims that the Court should :
An action against the Commission of the European                        ( a ) declare the Commission obliged to continue covering
Communities was brought before the Court of First                             the applicant under the Joint Sickness Insurance
Instance of the European Communities on 23 February                           Scheme against the relevant risks, and should grant
1995 by ATIC — Associa^ao Tecnica da Industria de                             such declaration, pending an appropriate revision of
Cimento , whose seat is at 54/2 Avenida 5 de Outubro,                         the Staff Regulations, in the context of constructive
Lisbon, represented by Mario Joao Marques Mendes, of the                      development of the law and the exercise of discretion
Portuguese Bar, whose chambers are at 63/6 Rua Castilho,                      'extra legem ';
1250 Lisbon, with an address for service in Luxembourg at
the Chambers of Aloyse May, 31 Grand-Rue.                               ( b ) declare the Commission obliged , in relation to the Staff
                                                                              Regulations, to use its right to make proposals to the
The applicant claims that the Court should :                                  Council of the European Union in such a way as to give
                                                                              divorced spouses of officials the possibility of obtaining
— annul the Commission 's decision of 30 November 1994                        provisional cover in accordance with ( a ), to the extent
    ( IV/33.126 and 33.322 — Cement ), and specifically                       that, in the exercise of their right of freedom of
    Articles 1 , 2 ( 1 ), 2 (2 ) ( b ) and 5 thereof, so far as it            movement, they cannot be covered by any statutory
    concerns ATIC ,                                                           system of sickness provision in their country of origin
                                                                              and if they have their own entitlement to a pension
— in the alternative, reduce the fine imposed on ATIC,                        following a rights adjustment;
— oder the Commission to pay the whole of the costs.                    ( c ) in the alternative, in the context of the social provisions
                                                                              of the European treaties, including the Treaty of
Pleas in law and main arguments adduced in support:                           Maastricht, and of the Social Chapter, indicate to the
                                                                              Government of the applicant's country of origin
The application is based on the following defects, which                      ( Germany ) the gap revealed in German social law and
affect the legality of the Commission decision:                               request the Government to take appropriate action to
                                                                              close that gap, so as to ensure that persons whose social
— defects relating to the infringement of the rights of the                   rights lie not with a Member State of the European
    defence,                                                                  Communities but, as in the applicant's case, exclusively
                                                                              with Community institutions do not suffer curtailment
— defects relating to the absence of proof or the incorrect                   or even removal of their cover against sickness risks in
    assessment of the available proof in charging the                         the event of their returning to their country of
    applicant with the alleged infringements,                                 origin;
— a defect relating to the incorrect legal assessment of the
    applicability of Article 85 ( 1 ) of the EC Treaty to               ( d ) order the Commission to pay the costs.
    associations of undertakings,
                                                                        Pleas in law and main arguments adduced in support:
— a defect relating to the breach of the principle of
    proportionality in imposing the fine .
                                                                        The applicant, a former official of the Court of Justice and
                                                                        the Commission of the European Communities, and since
                                                                        1 April 1994 the divorced wife of an official of the European
                                                                        Parliament, objects to the fact that, under Article 72 ( lb ) of
                                                                        the Staff Regulations, she cannot continue to enjoy the
Action brought on 24 February 1995 by Hedwig                            benefit of the Community health care scheme after the cover
Kuchlenz-Winter against the Commission of the European                  provided for her by that Article expires on 1 April 1995 .
                             Communities
                          ( Case T-66/95 )                              Following her marriage, the applicant left the employment
                                                                        of the Communities after seven and a half years' service .
                            ( 95/C 137/63 )
                                                                        During her marriage, she enjoyed the cover of the Joint
                                                                        Sickness Insurance Scheme as the wife of an official . She
              (Language of the case: German)                            argues that, because in her native Germany she cannot be
                                                                       covered against health risks either by statutory or by private
An action against the Commission of the European                        sickness insurance, she is obliged to continue living in
Communities was brought before the Court of First                       Luxembourg after her divorce in order to avoid losing the
Instance of the European Communities on 24 February                     relevant protection.