Polinsky v Court of Justice (Staff Regulations) French Text [2004] EUECJ T-1/02 (14 October 2004)

Polinsky v Court of Justice (Staff Regulations) French Text [2004] EUECJ T-1/02 (14 October 2004)

Applicant failed to prove existence of damages distinct from those already compensated under statutory indemnity; medical findings are definitive and no further compensation is warranted. Claims regarding administrative treatment are irreceivable as not raised in prior procedure.

Source-derived case information.

Citation
[2004] EUECJ T-1/02
Parties
Applicant: Robert Polinsky; Respondent: Court of Justice of the European Communities
Jurisdiction
European Union
Procedural Posture
Staff Indemnity Claim / Final Judgment
Outcome
claim dismissed
Legal Topics
Occupational Disease, Staff Regulations, Indemnity, Professional Liability, Amiante (asbestos) Exposure
Employment Law EU Administrative Law Occupational Disease Staff Regulations Indemnity Professional Liability Amiante (asbestos) Exposure

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Parties

Robert Polinsky

Applicant

Court of Justice of the European Communities

Respondent

Procedural Posture

Staff Indemnity Claim / Final Judgment

  1. 1 Whether the applicant is entitled to additional compensation beyond statutory indemnity for alleged physical, moral, professional, and financial damages due to asbestos exposure
  2. 2 Whether the respondent breached its duty of care and good administration
  3. 3 Whether the applicant suffered damages not covered by statutory indemnity

Ratio Decidendi

Applicant failed to prove existence of damages distinct from those already compensated under statutory indemnity; medical findings are definitive and no further compensation is warranted. Claims regarding administrative treatment are irreceivable as not raised in prior procedure.

Court Disposition

claim dismissed

Orders

  • The claim is rejected.
  • Each party shall bear its own costs.