CELEX: C2001/173/59
Language: en
Date: 2001-06-16 00:00:00
Title: Order of the Court of First Instance of 30 January 2001 in Case T-49/00: Industria Pugliese Olive in Salamoia Erbe Aromatiche Snc (Iposea) v Commission of the European Communities (Common Customs Tariff — Regulation amending the combined nomenclature — Action for annulment — Inadmissibility)

16.6.2001               EN                      Official Journal of the European Communities                                     C 173/33
                                                          COURT OF FIRST INSTANCE
      ORDER OF THE COURT OF FIRST INSTANCE                                 The applicant claims that the Court should:
                        of 30 January 2001                                 —     annul the express decision of the appointing authority of
                                                                                 15 December 2000, in so far as that decision rejects the
in Case T-49/00: Industria Pugliese Olive in Salamoia Erbe                       applicant’s request of 23 May 2000 for the grant of
Aromatiche Snc (Iposea) v Commission of the European                             an invalidity pension in accordance with the second
                          Communities (1)                                        paragraph of Article 78 of the Staff Regulations of
                                                                                 officials;
(Common Customs Tariff — Regulation amending the
                                                                           —     order the grant of an invalidity pension calculated in
combined nomenclature — Action for annulment — Inad-
                                                                                 accordance with the second paragraph of Article 78 of
                             missibility)
                                                                                 the Staff Regulations of officials;
                          (2001/C 173/59)                                  —     alternatively, order, by interim judgment, the setting-up
                                                                                 of an invalidity committee as provided for in Article 53
                                                                                 of the Staff Regulations of officials, with the task of
                    (Language of the case: Italian)
                                                                                 examining whether the applicant is suffering from total
                                                                                 permanent invalidity within the meaning of Article 78 of
In Case T-49/00: Industria Pugliese Olive in Salamoia Erbe                       the Staff Regulations of officials;
Aromatiche Snc (Iposea), established at Cerignola (Italy),
represented by A. Guarino, of the Rome Bar, and A. Lorang,                 —     order the defendant to pay the costs.
of the Luxembourg Bar, with an address for service in
Luxembourg at the latter’s Chambers, 2 Rue des Dahlias, v
Commission of the European Communities (Agents: J. Schie-
                                                                           Pleas in law and main arguments
ferer and M. Moretto) — application for annulment of
Commission Regulation (EC) No 2626/1999 of 13 December
1999 amending Annex I to Council Regulation (EEC)                          The applicant entered the service of the Communities in
No 2658/87 on the tariff and statistical nomenclature and on               Luxembourg in 1963. Upon being transferred to the Com-
the Common Customs Tariff (OJ 1999 L 321, p. 3) — the                      mission in Brussels in 1970, he was assigned to work in the
Court of First Instance (Second Chamber), composed of:                     Berlaymont building. According to the applicant, the working
A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;             conditions in the workshops at first basement level and
H. Jung, Registrar, made an order on 30 January 2001, the                  mezzanine level in that building were insalubrious and charac-
operative part of which is as follows:                                     terised by a dusty atmosphere, caused by asbestos dust
                                                                           discovered at a later date.
1.    The action is dismissed as inadmissible.
                                                                           In October 1981 the applicant decided to submit his resig-
2.    The applicant is to pay the costs.
                                                                           nation. Following his resignation, the applicant’s physical state
                                                                           was such that he could not perform any occupational activities
(1) OJ C 149 of 27.5.2000.                                                 whatsoever.
                                                                           In November 1999 the applicant, who had previously brought
                                                                           proceedings seeking official recognition of his occupational
                                                                           disease and compensation for the damage which he alleges to
                                                                           have suffered, submitted a request under Article 90 of the Staff
                                                                           Regulations seeking the grant of an invalidity pension pursuant
Action brought on 13 March 2001 by Albert Nardone                          to Article 78 of the Staff Regulations. The Commission refused
  against the Commission of the European Communities                       that request, taking the view that it was not the applicant’s
                                                                           invalidity which had caused him to cease working for the
                           (Case T-59/01)                                  Communities.
                          (2001/C 173/60)                                  The applicant claims that the Commission committed an abuse
                                                                           of process when adopting a decision which should have been
                                                                           taken by an invalidity committee in accordance with the Staff
                    (Language of the case: French)                         Regulations, and pleads that the Commission was under a duty
                                                                           to afford assistance and that he was entitled to the benefit of
An action against the Commission of the European Communi-                  working conditions which respect the health, safety and dignity
ties was brought before the Court of First Instance of the                 of the employee, as well as the right to proper administration.
European Communities on 13 March 2001 by Albert Nardone,
residing at Piétrain (Belgium), represented by Juan Ramon
Iturriagagoitia Bassas, avocat.