CELEX: C2000/122/54
Language: en
Date: 2000-04-29 00:00:00
Title: Case T-20/00: Action brought on 24 January 2000 by Ivo Camacho-Fernandes against Commission of the European Communities

C 122/36               EN                      Official Journal of the European Communities                                     29.4.2000
— order the Council and the ECB to pay the costs.                         — annul the decision of the appointing authority of 10 Febru-
                                                                              ary 1999 refusing to recognise the occupational cause of
                                                                              his wife’s illness;
Pleas in law and main arguments
                                                                          — order the defendant to pay the fees and expenses incurred
                                                                              by the applicant in accordance with Article 23(2) of the
I. Against the Council’s decision                                             Rules on the insurance of officials of the European
                                                                              Communities against the risk of accident and of occu-
                                                                              pational disease;
    1. Infringement of the fundamental principle of protec-
         tion of legitimate expectations, infringement of the
                                                                          — order the defendant to pay the costs.
         principle of sound administration, deceit and total bad
         faith on the part of the Council
                                                                          Pleas in law and main arguments
    2. Infringement of the fundamental principle of Com-
         munity law concerning the citizen’s right of access to
         documents and of Article 1 of Council Decision                   According to the applicant, his wife suffered a high degree of
         93/731                                                           exposure to contaminating agents during her working life, in
                                                                          particular exposure to asbestos while she was working in the
    3. Infringement of Article 253 of the EC Treaty: absence              ‘Berlaymont’ Building from 1974 to 1979. In his view, it
         of legal reasoning.                                              follows that the lung cancer of which his wife died had an
                                                                          occupational cause.
II. Against the ECB’s decision                                            In support of his claims, he alleges:
    1. Infringement of essential procedural requirements (lack            — that the opinion of the medical committee was unlawful.
         of reasoning) and misuse of powers
                                                                              The meeting of the medical committee took place under
    2. Infringement of the fundamental principle of trans-                    improper circumstances. The committee’s opinion did not
         parency and the right of access to documents.                        express a view as to certain important matters, was
                                                                              based on inaccuracies and showed no comprehensible
                                                                              connection between the medical findings and the con-
                                                                              clusions it contains;
                                                                          — unequal treatment and a manifest error of assessment.
                                                                              The Commission recognised the occupational cause of
Action brought on 24 January 2000 by Ivo Camacho-Fer-                         the disease of another official who developed pathology
nandes against Commission of the European Communi-                            absolutely similar to that of the applicant’s wife, following
                                ties                                          exposure to asbestos.
                          (Case T-20/00)
                         (2000/C 122/54)
                    (Language of the case: French)                        Action brought on 27 January 2000 by Enrico Sabbioni
                                                                              against Commission of the European Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                          (Case T-22/00)
European Communities on 24 January 2000 by Ivo Cama-
cho-Fernandes, residing in Overijse (Belgium), represented by                                      (2000/C 122/55)
Nicolas Lhoest, of the Brussels Bar, with an address for service
in Luxembourg at the offices of Fiduciaire Becker & Cahen, 3
Rue des Foyers.                                                                               (Language of the case: Italian)
The applicant claims that the Court should:                               An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
— annul the Commission’s decision of 8 October 1999                       European Communities on 27 January 2000 by Enrico Sab-
    rejecting the applicant’s complaint lodged pursuant to                bioni, represented by Bruno Nascimbene and Marina S. Mori,
    Article 90(2) of the Staff Regulations against the appointing         of the Milan Bar, and Massimo Condinanzi, of the Biella Bar,
    authority’s decision refusing to acknowledge the occu-                with an address for service in Luxembourg at the Chambers of
    pational cause of the lung cancer from which his wife died;           Franco Colussi, 36 Rue de Wiltz.