Language of document :

Action brought on 19 March 2007 - M v EMEA

(Case F-23/07)

Language of the case: French


Applicant: M (Broxbourne, United Kingdom) (represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Agency for the Evaluation of Medicinal Products (EMEA)

Form of order sought

Annul the decision of 25 October 2006 by which the Executive Director of the EMEA refused the applicant's request for referral to the Invalidity Committee;

Order the EMEA to pay to the applicant the sum of EUR 100 000 by way of damages for breach of administrative duty;

Order the defendant to pay the costs.

Pleas in law and main arguments

On 17 March 2005, the applicant, a member of temporary staff with the EMEA, suffered an accident at work, as a result of which it is alleged that he became incapable of doing his job. On 14 February 2006, he was informed that his contract would not be renewed beyond 15 October 2006. His request for referral to the Invalidity Committee was rejected.

In support of his action, the applicant relies in particular on the breach of the first paragraph of Article 31 and the first paragraph of Article 33 of the Conditions of Employment of Other Servants (CEOS), as interpreted by the Civil Service Tribunal in its judgment of 16 January 2007 in Case F-119/05 Gesner v OHIM (not yet published in the ECR).