Official Journal of the European Union

C 256/30

(Case T-298/17)

(2017/C 256/36)

Language of the case: Romanian

Parties

Applicants: Adrian Iordachescu (Bucharest, Romania), Florina Iordachescu (Bucharest), Mihaela Iordachescu (Bucharest), Cristinel Iordachescu (Bucharest) (represented by: A. Cuculis, lawyer)

Defendants: European Parliament, Council of the European Union, European Commission

Form of order sought

The applicants claim that the Court should:

—partially annul Directive 2014/40/EU, Article 10 and Annex II (‘picture library’), mainly with reference to image 5 in ‘Set 1’ of the WARNING section;

—in the alternative, partially amend Directive 2014/40, Article 10 and Annex II approved by the European Commission, in view of the absence of any reference whatsoever on cigarette packets to an information link or to a ‘disclaimer’ concerning the photographs which appear on cigarette packets, and include on all cigarette packets within the EU a warning concerning the images which appear on those packets, with reference in particular to a link via which information can be read about the images which appear on such packets in order to dispel any doubts;

—amend the ways in which consent is obtained from the persons who appear on those cigarette packets in such a way that the persons who will appear on cigarette packets consent to the publication of their real name and personal medical data so that there can be no confusion and in order that any other source of uncertainty can be avoided with regard to the persons who appear on those cigarette packets, and ensure that personal and medical data form an integral part of the link that persons who wish to know the identity/medical history of the subjects who appear on cigarette packets may consult;

—order both institutions, in conjunction with the European Commission, to submit a copy of the consent consistent with the original provided by the person who appears in the series of images, number 5, set 1, without withholding personal data, and the images corresponding to the consent given, in order to make it possible to draw up an expert criminal report on the photographs;

—order the defendants to pay the sum of EUR 1 000 000 as compensation for the non-material damage quantified on the basis of the suffering caused by the publication of such images a relatively short period after the death of the applicants’ father and for the anguish occasioned by the withholding of information that could have clarified the situation of the man shown on the cigarette packets in such a way that the family’s anguish would have lasted a much shorter length of time.

Pleas in law and main arguments

In support of the action, the applicants submit that Directive 2014/40/EU has affected their daily lives, given the distress caused by the resemblance of the person on the cigarette packets to their deceased father.