Judgment of the Civil Service Tribunal (Single Judge) of 17 December 2015 — T v Commission

(Case F-134/14) ¹

(Civil service — Social security — Occupational disease — Article 73 of the Staff Regulations — Application for recognition of the occupational origin of a disease — Causation — Claim for damages for the non-material harm suffered as a result of the delay taken by the institution to acknowledge the occupational origin of the sickness — Obligation to adjudicate within a reasonable time — Non-material damage)

Language of the case: French

Parties

Applicant: T (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Commission (represented initially by J. Currall and C. Ehrbar, acting as Agents, and subsequently by C. Ehrbar, acting as Agent)

Re:

The application to annul the Commission’s decision to exclude the existence of harm arising from the delay taken by the Commission to establish the occupational origin of the applicant’s sickness and to pay her the amount of EUR 2000 only as compensation for the uncertainty as regards recognition of the occupational origin of her illness and the claim for damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

Orders the European Commission to pay T the amount of EUR 5 000;

Dismisses the action as to the remainder.

Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred T.

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¹ OJ C 34, 2/2/2015, p. 53.