21.2.2009

Official Journal of the European Union

C 44/51

(Case T-516/08)

(2009/C 44/90)

Language of the case: English

Parties

Applicant: Heinz Helmuth Eriksen (Ebeltoft, Denmark) (represented by: I. Anderson, advocate)

Defendant: Commission of the European Communities

Form of order sought

—order the Commission to pay to the applicant the sum of 800 000 EUR or such other sum as the Court may considerable just and equitable for past, present and future pain, suffering and diminution of the enjoyment of life from serious impairments to his health resulting from the Commission's capricious and unlawful refusal to enforce the implementation of medical monitoring of former Thule workers for radiation related illnesses and conditions;

—order the Commission to pay to the applicant or the medical treating facilities or care givers, the future costs of medical treatments and medications to alleviate and or treat his impaired health, referred to in the first claim above, which are not available to him through the socialized medical system of his Member State;

—order the Commission to pay reasonable legal costs and disbursements incurred by the applicant in bringing the present proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-contractual liability arising from the damages it claims to have incurred as a result of the alleged illegal refusal by the Commission to comply with plenary resolution of the European Parliament and to enforce the application by Denmark of the provisions of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation to the case of workers, including the applicant, involved in a nuclear accident in Thule, Greenland.

European Parliament report of 20 April 2007 on the public health consequences of the 1968 Thule crash (Petition 720/2002) [2006/2012(INI)].

OJ L 159, p. 1.