Judgment of the Civil Service Tribunal (Third Chamber) of 2 October 2013 – Nardone v Commission

(Case F-111/12) ¹

(Civil Service – Former official – Exposure to asbestos and to other substances – Occupational disease – Accident – Article 73 of the Staff Regulations – Medical Committee – Reasons – Action for damages – Length of the proceedings)

Language of the case: French

Parties

Applicant: Albert Nardone (Piétrain, Belgium) (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall and V. Joris, acting as Agents)

Re:

Application for annulment of the Commission’s decision to accept the findings of the Medical Committee ruling on the applicant’s level of disability and the occupational origin of his disease.

Operative part of the judgment

The Tribunal:

Orders the European Commission to pay Mr Nardone default interest for the period between 1 March 2006 and 15 July 2010 on the amount of EUR 8 448.51 at the rate fixed by the European Central Bank for main refinancing operations and applicable to the period in question, increased by two points, and the sum of EUR 3 000;

Dismisses the remainder of the action;

Orders the European Commission to bear its own costs and to pay one quarter of the costs incurred by Mr Nardone;

Orders Mr Nardone to bear three quarters of his own costs.

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¹ OJ C 379, 8.12.2012, p. 35.