CELEX: C2000/247/64
Language: en
Date: 2000-08-26 00:00:00
Title: Case T-171/00: Action brought on 23 June 2000 by Peter Spruyt against the Commission of the European Communities

C 247/36               EN                      Official Journal of the European Communities                                        26.8.2000
In support of his claims, the applicant pleads:                           residing at Arolo di Leggiuno (Italy), represented by Eric
                                                                          Boigelot, of the Brussels Bar.
—    Infringement of Article 25 of the Staff Regulations:
                                                                          The applicant claims that the Court should:
     The contested decision, which takes the form of a ‘file
     note’, is vitiated by the total absence of any statement of          —     annul the decision headed ‘Article 73 of the Staff Regu-
     reasons;                                                                   lations’, taken on 13 September 1999 by the Head of the
                                                                                Unit responsible for insurance against accidents and
—    Infringement of Article 7 EC and failure to have regard to                 occupational diseases within DG IX — Personnel and
     the principle of conferred powers:                                         Administration, acting as the appointing authority, by
                                                                                which the applicant was informed of the appointing
     The Commission had itself found fault with the appli-                      authority’s refusal to apply Article 73 of the Staff Regu-
     cant’s civil status, instead of acting in conformity with the              lations and to reimburse his medical expenses, on the
     rights of the Member States, which have sole legislative                   ground that the matter involved an accident arising from
     competence in matters of personal status;                                  the practice of a sport regarded as dangerous within the
                                                                                meaning of the third indent in Article 4(1)(e) of the Rules
—    Infringement of the principle of the integrity of personal                 on the insurance of officials of the European Communities
     status:                                                                    against the risk of accident and of occupational disease;
     By the contested decision, the Commission deprives the               —     annul the implicit decision rejecting the applicant’s
     applicant of any possibility of asserting his rights arising               complaint seeking annulment of the above-mentioned
     from his personal status;                                                  contested decision;
—    Violation of the principles of non-discrimination and of             —     order the defendant to reimburse to the applicant all
     freedom of movement for workers:                                           the medical expenses connected with the hang-gliding
                                                                                accident sustained by him on 9 May 1999, together with
     The applicant pleads discrimination based on sex and                       default interest at the annual rate of 8 % from the date of
     sexual orientation, contrary to Article 141 EC, infringe-                  the accident to the date of actual reimbursement;
     ment of Article 1(2) of Annex VII to the Staff Regulations
     and discrimination on grounds of nationality;                        —     rule that it is for the defendant to bear the cost of paying
                                                                                the benefits referable to total and partial temporary
—    Infringement of the right to privacy:                                      incapacity and partial permanent incapacity, in accord-
                                                                                ance with the rates and criteria to be determined by an
     The contested decision constitutes unauthorised inter-                     expert or agreed between the parties;
     ference with the exercise of the right to the protection of
     privacy and family life.                                             —     order the defendant to pay the costs in any event.
                                                                          Pleas in law and main arguments
                                                                          The applicant pleads infringement of Articles 72 and 73 of the
                                                                          Staff Regulations and of the second indent in Article 4(1)(b) of
                                                                          the rules referred to above, as well as violation of the principles
Action brought on 23 June 2000 by Peter Spruyt against                    of the protection of legitimate expectations and of equal
      the Commission of the European Communities                          treatment.
                          (Case T-171/00)                                 He maintains in that regard that the contested decision is
                                                                          manifestly based on an incorrect interpretation of the second
                         (2000/C 247/64)                                  indent in Article 4(1)(b) of the rules, in that, because hang-
                                                                          gliding is not expressly referred to in the list of sports expressly
                                                                          mentioned in that provision, the defendant was not entitled to
                    (Language of the case: French)                        regard it as a ground for excluding the social cover defined in
                                                                          Article 73 of the Staff Regulations without producing evidence
An action against the Commission of the European Communi-                 to show either that it is assimilable to the practice of one of
ties was brought before the Court of First Instance of the                the sports mentioned or that it is regarded as dangerous, which
European Communities on 23 June 2000 by Peter Spruyt,                     it has not done.