Notice for the OJ

 

Action brought on 17 December 2002 by "P" against the Commission of the European Communities

    (Case C-377/02)

    Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 17 December 2002 by "P", represented by Juan Ramon Iturriagagoitiia, lawyer.

The applicant claims that the Court should:

-annul the Commission's decision of 30 September 2002 replying to the complaint lodged on 5 July 2002 by the applicant on the basis of Article 90 of the Staff Regulations of Officials and Other Servants of the European Communities;

-order the defendant to pay all the costs of the proceedings.

Pleas in law and main arguments

The applicant is an official of the Commission and worked in the Berlaymont building, where he was exposed to asbestos. In 2001 the applicant asked to be given an invalidity pension on the basis of Article 78 of the Staff Regulations. That request was refused by the Commission.

The applicant claims, first, that in rejecting his complaint the Commission misconstrued the facts which led to the applicant's complaining about the malfunctioning of the Invalidity Committee as a result of linguistic problems.

The applicant also alleges that the principles of sound administration and the administration's duty to have regard to the welfare of officials were breached, as were the principle of the protection of legitimate expectations, the rights of the defence and the Charter of Fundamental Rights of the European Union. The applicant complains of irregularities in the procedure before the Invalidity Committee such as the abandonment of scheduled medical examinations, the problem of communication and the absence of a lawyer at the meeting of the Invalidity Committee.

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