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Action brought on 22 June 2009 - Labate v Commission

(Case T-389/09)

Language of the case: English

Parties

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

Defendant: Commission of the European Communities

Form of order sought

find that there has been a failure to act on the part of the Commission within the meaning of Article 232 EC;

order the Commission to take the measure necessary to comply with Tribunal's order;

accord to the present action appropriate priority, so as to avoid burdening the file with a separate request for expedited treatment and to render judgment within six weeks;

order such other or further remedies as justice may require;

order the Commission to pay the costs of the present action.

Pleas in law and main arguments

On 20 February 2009, the applicant made a formal request for the purpose of Article 232 EC that the Commission take a decision recognising the occupational nature of her late husband's lung cancer for the purpose of Article 73 of the Staff Regulations and the Joint Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease.

In the absence of any such decision or any adoption of position within the required time-limit, the applicant requests that the Court find that the Commission, by failing to take a decision within a reasonable time on her husband's occupational disease recognition request, has failed to fulfil its obligations under Article 90 of the Staff Regulations and Article 23 of the Joint Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease and is therefore liable for failure to act within the meaning of Article 232 EC.

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