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Action brought on 16 March 2010 - M v EMEA

(Case T-136/10)

Language of the case: English

Parties

Applicant: M (represented by: C. Thomann, Barrister and I. Khawaja, Solicitor)

Defendant: European Medicines Agency (EMEA)

Form of order sought

award damages pursuant to Article 340 TFUE for the losses sustained as a result of breaches, to be calculated or such other sums as the Court may rule appropriate;

interest on such sums as are found to be due at a rate equivalent to that applied pursuant to section 35A of the Supreme Court Act 1981 or such other sum as the Court may rule to be appropriate;

costs;

such further additional relief that the General Court considers appropriate.

Pleas in law and main arguments

In the present case, the applicant requests the Court to award him damages pursuant to Article 340 TFEU for the losses he sustained as a result of an accident at work. He claims that he sustained injuries by reason of the defendant's breaches of duties owed to him as its employee.

The applicant relies inter alia, upon Article 6(3) of Directive 89/391 EEC¹, Article 15 of Annex I of Council Directive 89/654 EEC² and Article 3 of Directive 89/655 EEC³ concerning the minimum safety and health requirements for the workplace.

The failure on the defendant's part to comply with its health and safety obligations as regards the assessment and reduction of risk, the suitability of equipment provided and the provision of clear surface areas at the workplace breached the defendant's obligations under United Kingdom Health and Safety Law, and its common duty of care. The applicant claims having suffered personal injury, financial losses and non-material damage as a result of the above breaches and he contends being entitled to be compensated for these.

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¹ - Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1)

² - Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC), (OJ 1989 L 393, p. 1)

³ - Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), (OJ 1989 L 393, p. 13)