CELEX: C2002/202/51
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-179/02: Action brought on 12 June 2002 by Jan Pflugradt against the European Central Bank

24.8.2002              EN                     Official Journal of the European Communities                                           C 202/31
—     order payment of default interest at the rate of 5,75 %            The applicant claims that the Court should:
      with effect from 26 January 1988, the date of the
      accident, on the capital amount payable under Article 73           —      annul the ECB performance appraisal of the applicant for
      of the Staff Regulations;                                                 the year 2001;
—     make an order for damages in the amount of                         —      order the defendant to pay the costs of the proceedings.
      EUR 138 358,88 as compensation for the material and
      non-material damage which the contested decision caused
      to the applicant, such amount being provisional, subject
      to increasing it in respect of the material damage, and as
      equitable compensation for the non-material damage;                Pleas in law and main arguments
—     order the defendant to pay all the costs.
                                                                         The applicant, an employee of the defendant, seeks the
                                                                         annulment of his performance appraisal for 2001. He con-
                                                                         siders that appraisal to be an act adversely affecting him
Pleas in law and main arguments                                          because the defendant did not confine itself to appraising his
                                                                         performance. Instead, the defendant based the appraisal on
Following the injuries suffered by the applicant in relation to          factual allegations which the applicant contests and which will
giving birth in 1988, the defendant, first, took the view that           impair his future career development.
the cause of the injuries was not accidental and, secondly,
acknowledged that the applicant was suffering from total
                                                                         The applicant claims that, under the provisions on data
permanent invalidity, rendering it impossible for her to work.
                                                                         protection, the defendant is prohibited from relying on
                                                                         electronically collected data and that that is, in itself, a sufficient
The applicant claims that a new fact has arisen, enabling her            ground for annulment of the appraisal based on that data.
to request afresh that she be accorded the benefit of Article 73         Moreover, the appraisal must be annulled on the ground that
of the Staff Regulations by regarding those injuries as the result       it is based on incorrect factual information.
of an accident. According to the applicant, the findings of the
Medical Committee in 1988 do not reflect her current medical
circumstances, since the sequelae have continued to wreak an
effect and worsened over the years. Furthermore, the com-
mittee did not examine the applicant’s situation with regard to
the medical accident. According to the applicant, since her
injuries were linked to the medical accident, they ought to be
regarded as accidental.
                                                                         Action brought on 13 June 2002 by Neue Erba Lautex
                                                                         GmbH Weberei und Veredlung against the Commission
Accordingly, by deciding to reject the request, the defendant                             of the European Communities
infringed Article 73 of the Staff Regulations and the Rules on
Sickness Insurance for Officials of the European Communities
and, in particular, Articles 12, 14 and 22 thereof. Furthermore,                                  (Case T-181/02)
the applicant alleges breach of the duty to have regard to the
welfare of officials.
                                                                                                  (2002/C 202/52)
                                                                                           (Language of the Case: German)
Action brought on 12 June 2002 by Jan Pflugradt against                  An action against the Commission of the European Communi-
                   the European Central Bank                             ties was brought before the Court of First Instance on 13 June
                                                                         2002 by Neue Erba Lautex GmbH Weberei und Veredlung,
                         (Case T-179/02)                                 Neugersdorf (Germany), represented by Professor U. Ehricke,
                                                                         with an address for service in Luxembourg.
                         (2002/C 202/51)
                                                                         The applicant claims that the Court should:
                   (Language of the case: German)
                                                                         —      Annul the Commission Decision (C(2002)944 fin) of
                                                                                12 March 2002 concerning State aid by the Federal
An action against the European Central Bank was brought                         Republic in favour of Neue Erba Lautex GmbH and Erba
before the Court of First Instance of the European Communities                  Lautex GmbH in liquidation;
on 12 June 2002 by Jan Pflugradt, represented by N. Pflüger,
lawyer.                                                                  —      Order the defendant to pay the costs.