CELEX: 62016TA0551
Language: en
Date: 2017-10-25 00:00:00
Title: Case T-551/16: Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission (Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm)

11.12.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 424/32
            
         Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission
   (Case T-551/16) (1)
   
   ((Civil Service - Officials - Exposure to asbestos and other substances - Industrial disease - Article 73 of the Staff Regulations - Common rules on the insurance against the risk of accident and of occupational disease - Article 14 - Article 266 TFEU - Misuse of power - Medical Committee - Collegiate principle - Breach of the Medical Committee’s mandate - Obligation to state reasons - Action for compensation - Length of the proceedings - Non-pecuniary harm))
   (2017/C 424/46)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented initially by: M Velardo, and subsequently by: L. Gialluca, lawyers)
   
      Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)
   
      Re:
   
   Action brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20 % of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20 % of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease;
            
         
               2.
            
            
               Orders the Commission to pay Mr Lucaccioni compensation of EUR 5 000 in respect of the non-pecuniary harm caused;
            
         
               3.
            
            
               Dismisses the remainder of the action;
            
         
               4.
            
            
               Orders the Commission to pay the costs.
            
         
      (1)  OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal under number F-74/15 and transferred to the General Court of the European Union on 1.9.2016).