Official Journal of the European Union

C 317/48

(Case F-79/09)

(Civil Service - Officials - Social security - Occupational sickness and accident insurance - Article 73 of the Staff Regulations - Refusal to recognise the occupational origin of a disease - Hypersensitivity to electro-magnetic fields)

2010/C 317/84

Language of the case: French

Parties

Applicant: AE (Muchamiel, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Commission (represented by: initially, J. Currall and D. Martin, Agents, and, subsequently, J. Currall and J. Baquero Cruz, Agents)

Re:

Action for annulment, first, of the decision of the appointing authority dated 15 December 2008, received on 16 January 2009, rejecting the applicant’s request that his medical condition be recognised as an occupational disease within the meaning of Article 73 of the Staff Regulations and, second, so far as necessary action for annulment of the decision of 11 June 2009 rejecting the applicant’s complaint. Claim for EUR 12 000 damages in compensation for non-material damage suffered

Operative part of the judgment

The Tribunal:

1.Orders the European Commission to pay AE the sum of EUR 2 000;

2.Dismisses the remainder of the claims in the action;

3.Orders the European Commission to bear its own costs and pay a quarter of the applicant’s;

4.Orders the applicant to bear three quarters of his or her own costs.