CELEX: C2004/085/56
Language: en
Date: 2004-04-03 00:00:00
Title: Removal from the register of Case T-273/99

C 85/28               EN                         Official Journal of the European Union                                           3.4.2004
incident in which he was the victim on 29 October 2001,                  letter that no further action would be taken on their complaint.
whilst he was carrying out his functions at the Angola                   The applicants complained to the European Ombudsman
Delegation. That incident occurred when his hands came into              about the Commission’s treatment of their complaint to it.
contact with a whitish powder of an as yet unknown chemical-             The European Ombudsman’s decision was issued on 18 July
toxicological nature.                                                    2002. On 2 July 2003 the applicants lodged a fresh complaint
                                                                         with the Commission alleging new infringements relating to
                                                                         the same case. However, the Commission decided to continue
The applicant asserts that that incident affected his psychologi-        financing the project.
cal and physical well-being, adversely affecting his social life.
In support of those claims, the applicant alleges an absolute            The applicants claim that they should be awarded compen-
failure to state reasons and a breach of the regulations cited           sation, pleading non-material damage resulting from the
above.                                                                   Commission’s treatment of their complaints. More specifically,
                                                                         they plead that the Commission withheld information from
                                                                         them and misled them with regard to the progress of the case.
                                                                         That is to say, while initially and after receipt of their first
                                                                         complaint the Commission officials considered that Greece
                                                                         had not complied in the present case with the rules laid down
                                                                         by Directive 85/337, they subsequently changed their view
Action brought on 10 February 2004 by Ermioni Komnin-                    and decided to fund the project, without, however, informing
ou and 16 others against the Commission of the European                  the applicants of that decision. In addition, the applicants allege
                          Communities                                    that the Commission’s rejection of their original complaint is
                                                                         based on a statement of reasons that is manifestly contrary to
                         (Case T-42/04)                                  Community law. They further submit that in its handling of
                                                                         their original complaint the Commission did not observe
                        (2004/C 85/55)                                   fundamental rules of impartiality, since the case was assigned
                                                                         to an official who subsequently engaged in political activity in
                                                                         Greece. Finally, the applicants plead that the Commission failed
                   (Language of the Case: Greek)                         to take the necessary measures to remedy the abovementioned
                                                                         forms of maladministration despite the fact that the European
                                                                         Ombudsman found infringements on the part of the Com-
An action against the Commission of the European Communi-                mission and despite the second complaint which the applicants
ties was brought before the Court of First Instance of the               submitted.
European Communities on 10 February 2004 by Ermioni
Komninou, Grigorios Dokos, Donatos Pappas, Vasilios Pappas,
Aristidis Pappas, Eleftheria Pappa, Lamprini Pappa, Irini Pappa,         (1) Council Directive 85/337/EEC of 27 June 1985 on the assessment
Alexandra Dokou, Leonidas Grepis, Nikolaos Grepis, Fotios                    of the effects of certain public and private projects on the
Dimitriou, Zois Dimitriou, Petros Polosis, Despina Polosi,                   environment (OJ L 175, 5.7.1985, p. 40).
Konstantinos Polosis and Thomas Polosis, resident in Parga, in
the prefecture of Preveza, Greece, represented by Pericles
Stroumpos, lawyer.
The applicants claim that the Court should:
—     allow the present application for compensation;                           Removal from the register of Case T-273/99 (1)
—     order the Commission of the European Communities to
      pay to each applicant the sum of EUR 200 000 with                                            (2004/C 85/56)
      interest prescribed by law at a rate of 8 % from the
      judgment of the Court of First Instance until payment;
                                                                                            (Language of the Case: Dutch)
—     order the Commission to pay the applicants’ entire costs.
                                                                         By order of 18 December 2003 the President of the Second
Pleas in law and main arguments                                          Chamber (Extented Composition) of the Court of First Instance
                                                                         of the European Communities ordered the removal from the
In 1995 the applicants submitted a complaint to the European             register of Case T-273/99: Autoservice J. Van Deursen B.V. v
Commission, alleging infringement by the Greek authorities of            Commission of the European Communities.
Directive 85/337 (1) in relation to the planning and construc-
tion of a biological sewage treatment plant in Preveza. By
                                                                         (1) OJ C 47 of 19.2.2000.
decision No C(1998) 2297 of 28 July 1998, the Commission
decided to finance that project from the Cohesion Fund. On
20 April 1999 the Commission informed the applicants by