Notice for the OJ

 

Action brought on 3 January 2002 by Robert Polinsky against Court of Justice of the European Communities

    (Case T-1/02)

    (Language of the case: French)

An action against the Court of Justice was brought before the Court of First Instance of the European Communities on 3 January 2002 by Robert Polinsky, residing in Thionville (France), represented by Juan-Ramón Iturriagagoitia, lawyer.

The applicant claims that the Court should:

(annul the decision of the Court of Justice of 25 September 2001;

(order the defendant to pay to the applicant, by way of compensation for the damage suffered and to be suffered, EUR 350 000, fixed with all manner of reservations, together with default interest at the rate of 10% per annum as from 7 October 1999 until the date on which it is actually paid;

(order the defendant to pay the costs.

Pleas in law and main arguments

The applicant is suffering from an occupational disease contracted after working in the Court of Justice building which contained asbestos.

According to the applicant, the Court of Justice confuses two categories of damage: that covered by Article 288 of the EC Treaty and that covered by Article 73 of the Staff Regulations. The applicant is not seeking a finding under Article 73 of the Staff Regulations that his health has deteriorated but compensation, under Article 288 of the EC Treaty, for non-material damage as a result of his illness, damage which is non-medical and non-economic.

The applicant claims that all the conditions for the granting of such compensation are met in his case. In particular, he has suffered actual damage in that his family and social lives have been disrupted as a result of his illness. Secondly, there is, in the applicant's view, a causal link between the damage suffered and the act complained of in that the Court of Justice did not take appropriate protective measures. Thirdly, the damage is unusual and special in nature.

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