CELEX: C2002/274/47
Language: en
Date: 2002-11-09 00:00:00
Title: Case T-256/02: Action brought on 27 August 2002 by "I" against the Court of Justice of the European Communities

C 274/26              EN                       Official Journal of the European Communities                                      9.11.2002
Action brought on 27 August 2002 by ‘H’ against the                       In support of his claims the applicant alleges breach of the
       Court of Justice of the European Communities                       principle of proper administration and of the duty to have
                                                                          regard for officials’ welfare, misuse of powers in the circum-
                                                                          stances of the case and breach of the Charter of Fundamental
                         (Case T-255/02)                                  Rights of the European Union.
                         (2002/C 274/46)
                   (Language of the case: French)
                                                                          Action brought on 27 August 2002 by ‘I’ against the
                                                                                 Court of Justice of the European Communities
An action against the Court of Justice of the European
                                                                                                  (Case T-256/02)
Communities was brought before the Court of First Instance
of the European Communities on 27 August 2002 by ‘H’,
represented by Juan Ramón Iturriagagoitia Bassas, lawyer.                                         (2002/C 274/47)
                                                                                             (Language of the case: French)
The applicant claims that the Court of First Instance should:
—     annul the decision taken by the appointing authority on
                                                                          An action against the Court of Justice of the European
      14 May 2002;
                                                                          Communities was brought before the Court of First Instance
                                                                          of the European Communities on 27 August 2002 by ‘I’,
—     order the defendant to pay the applicant, by way of                 represented by Juan Ramón Iturriagagoitia Bassas, lawyer.
      compensation for the damage he has suffered and will in
      future suffer, the sum of EUR 350 000, subject to all
      necessary reservations, together with default interest at           The applicant claims that the Court of First Instance should:
      the rate of 10 % per annum from 4 October 1999 until
      the date of payment;                                                —     annul the decision taken by the appointing authority on
                                                                                14 May 2002, notified 27 May 2002, concerning the
                                                                                claim for compensation for non-material loss and damage
—     order the defendant to pay the costs.
                                                                                of any kind suffered by the applicant as a result of disease;
                                                                          —     order the defendant to pay the applicant, by way of
                                                                                compensation for the damage he has suffered and will in
Pleas in law and main arguments                                                 future suffer, the sum of EUR 350 000, subject to all
                                                                                necessary reservations, together with default interest at
                                                                                the rate of 10 % per annum from 4 October 1999 until
                                                                                the date of payment;
The applicant, an official of the Court of Justice, challenges
that institution’s refusal to compensate him for the non-                 —     order the defendant to pay the costs.
material damage allegedly suffered as a result of his occu-
pational disease, which has been recognised in a decision taken
by the appointing authority on 31 May 2001, on the basis of
Article 73 of the Staff Regulations and under which he received           Pleas in law and main arguments
EUR 35 192,16 compensation.
                                                                          The applicant, an official of the Court of Justice, challenges
In this action the applicant, on the basis of Article 288 EC              that institution’s refusal to compensate him for the non-
(formerly Article 215 of the EC Treaty), draws attention to the           material damage allegedly suffered as a result of his occu-
non-material difficulties he has undergone since his exposure             pational disease, which has been recognised on the basis of
to asbestos on the premises of his institution. Those difficulties        Article 73 of the Staff Regulations and for which he has
take the form inter alia of physical and psychological problems           received compensation.
in his relations with his colleagues and in his family and social
relationships. The applicant claims that in its decision of
14 May 2002 dismissing his request for compensation for the               The pleas in law put forward in support of this action are
non-material loss and damage in question, the defendant                   similar to those put forward in Case T-255/02 H v Court of
disregarded the fact that his occupational disease had non-               Justice.
medical sequelæ in his life and confined itself to dealing with
one part only of his pathology.