Language of document :

Order of the Civil Service Tribunal (First Chamber) of 1 February 2008 - Kay Labate v Commission of the European Communities

(Case F-77/07) (

(Staff cases - Officials - Social security - Insurance against the risk of accident and occupational disease - Occupational disease - Lung cancer - Passive smoking - No need to adjudicate)

Language of the case: English


Applicant: Kay Labate (Tarquinia, Italy) (represented by: I. Forrester, QC)

Defendant: Commission of the European Communities


Annulment of the Commission decisions of 6 October 2006 and 18 October 2004 not to recognise the cancer which led to the death of the applicant's husband as being an occupational disease caused by passive smoking

Operative part of the order

1.    There is no further need to adjudicate on the form of order sought by Mrs Labate in her application.

2.    The claims for compensation submitted in the letter of 25 October 2007 by Mrs Labate are dismissed as manifestly unfounded.

3.    The Commission of the European Communities is ordered to pay the costs


1 - OJ C 233 22.09.07. p. 22.