Notice for the OJ

 

Action brought on 24 December 2002 by Antonio Cagnato against the Court of Justice of the European Communities

    (Case T-390/02)

    (Language of the case: French)

An action against the Court of Justice of the European Communities was brought before the Court of First Instance of the European Communities on 24 December 2002 by Antonio Cagnato, residing in Dippach-Gare (Luxembourg), represented by Juan Ramon Iturriagagoitia and Karine Delvolvé, lawyers.

The applicant claims that the Court should:

(annul the decision of the Court of Justice given on 24 September 2002 and concerning the complaint lodged by the applicant on 25 January 2002 against the decision of 25 October 2001;

(order the defendant to pay the applicant compensation for the damage and non-material damage of every kind that he has suffered as a result of his being exposed to asbestos when carrying out his duties at the Palais de Justice of the Court of First Instance and the Court of Justice of the European Communities, estimated at a sum of EUR 350 000, subject to all necessary reservations;

(order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant, an official of the Court of Justice, challenges that institution's refusal to compensate him for the damage suffered as a result of his occupational disease, which has already been recognised by decision of the appointing authority of 31 May 2001, adopted under Article 73 of the Staff Regulations, and on the basis of which a sum was paid to him.

The pleas relied on in support of this application are similar to those in Case T 255/02 H v Court of Justice (OJ C 274 of 9.11.2002, p. 26).

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