Notice for the OJ

 

Action brought on 14 February 2002 by José Cuenda Guijarro against the Council of the European Union

    (Case T-32/02)

    Language of the case: French

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 14 February 2002 by José Cuenda Guijarro, residing in Brussels, represented by Jean-Noël Louis, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

(annul the Council's decision refusing to allow the applicant access to his medical file;

(order the Council to pay the costs.

Pleas in law and main arguments:

According to the applicant, the documents contained in an official's medical file are directly connected with his administrative and legal situation and must therefore be included in his personal file, whilst observing the guarantees provided for in Article 26 of the Staff Regulations, in particular the right of access to those documents. The applicant disputes the assertion that the possibility of consulting his medical file through the intermediary of his doctor constitutes adequate access to the documents or a necessary measure in accordance with the principle of medical confidentiality. He maintains that he must be given the chance to consult in person any document in his medical file.

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