CELEX: C1999/366/62
Language: en
Date: 1999-12-18 00:00:00
Title: Case T-221/99: Action brought on 30 September 1999 by Gitte Rasmussen against Council of the European Union

18.12.1999            EN                     Official Journal of the European Communities                                        C 366/29
Harm                                                                    Pleas in law and main arguments
1. Loss of income due to cancelled and lost bookings                    The applicant contests the finding that her absences were
                                                                        unlawful, submitting that:
    a) Cancelled bookings
                                                                        — the Council infringed Article 59(3) of the Staff Regulations
    b) Lost bookings                                                         in refusing to request the Invalidity Committee to deter-
                                                                             mine the validity of the medical certificates submitted by
                                                                             the applicant as evidence that her absences were caused by
2. Loss of income by reason of reduction of the price of the                 illness; and
    services offered
                                                                        — the Council is in breach of its obligations to give reasons
3. Harm resulting from the increased burden on the budget                    for its decisions and to respect the rights of the defence, in
    for financing the construction of new ships, by reasony of               that it has failed to produce any information of a medical
    interest due on additional borrowing                                     nature which would enable the doctor treating the appli-
                                                                             cant to understand the reasons which have led the medical
4. Lower profits by reason of loss of income in future seasons               officers checking the certificates submitted to question
    and of clientele.                                                        their validity.
                                                                        As regards the disciplinary action, the applicant points out
                                                                        that this was taken following her refusal to undergo periodical
                                                                        medical examinations. She emphasises in this connection that
                                                                        she was acting on the advice of her own doctor who believed
                                                                        that such examinations might have a deleterious effect on her
                                                                        health, a view which, according to the applicant, was recently
                                                                        confirmed by the Invalidity Committee’s decision of 23 March
                                                                        1999 finding her definitively incapable of performing her
Action brought on 30 September 1999 by Gitte Rasmus-                    duties in view of the seriousness of the illness afflicting her.
         sen against Council of the European Union                      The applicant argues that she is not in breach, therefore, of the
                                                                        Staff Regulations and that, consequently, the decision to take
                       (Case T-221/99)                                  disciplinary action lacks legal foundation and, at the very least,
                                                                        is vitiated by a manifest error of assessment.
                       (1999/C 366/62)
                                                                        Lastly, the applicant maintains that, by requiring her to
                                                                        undergo medical examinations deleterious to her health, the
                                                                        Council acted in dereliction of its duty on a number of counts,
                  (Language of the case: French)                        thereby incurring liability.
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 30 September 1999 by Gitte Rasmussen,
residing in Brussels, represented by Jean-Noël Louis, Greta-
Françoise Parmentier and Véronique Peere, of the Brussels Bar,
with an address for service in Luxembourg at the offices of
Fiduciaire Myson SARL, 30 Rue de Cessange.                              Action brought on 5 October 1999 by Jean-Claude Marti-
                                                                        nez and Charles de Gaulle against the European Parliament
The applicant claims that the Court should:
                                                                                                  (Case T-222/99)
— annul the Council decision declaring that the applicant’s
    absences between 28 September 1998 and 18 March 1999                                          (1999/C 366/63)
    were unlawful;
— annul the Council’s decision to issue the applicant with a                                 (Language of the case: French)
    written warning by way of disciplinary action;
                                                                        An action against the European Parliament was brought before
— order the Council to make a token payment to the                      the Court of First Instance of the European Communities
    applicant of one euro by way of compensation for the                on 5 October 1999 by Jean-Claude Martinez, residing at
    non-physical damage suffered;                                       Montpellier (France), and Charles de Gaulle, residing in Paris,
                                                                        represented by François Wagner, of the Nice Bar, 2 Rue de la
— order the Council to pay the costs.                                   Poissonnerie, Nice.