3.7.1999 EN Official Journal of the European Communities C 188/27 employees of the General Secretariat may be allowed access to emergency aid on the basis of Articles 147(b) and 164 of classified information held by the Council (OJ 1998 L 140 Council Decision 91/482/EEC of 25 July 1991 on the associ- p. 12). The Court (Third Chamber) composed of M. Jaeger, ation of the overseas countries and territories with the President, K. Lenaerts and J. Azizi, Judges, and H. Jung, European Economic Community.(1) Registrar, made an order on 22 March 1999, the operative part of which provides: By letter of 17 February 1999, that request was refused on the ground that, according to the regulations and decisions of the 1. The action is dismissed as inadmissible. Council, such aid could not be granted directly to private individuals or private undertakings. 2. The applicant is to be bear the costs. The applicant submits that that decision is incompatible with (1) OJ 1998 No C 299. the abovementioned Decision 91/482/EEC and with the Declaration of the European Parliament, the Council and the Commission of 11 June 1986 against racism and xeno- phobia(2) and does not take into account Article 92(2)(a) of the EC Treaty.

(1) OJ L 263,19.9.91, p. 1. (2) OJ C 158, 25.6.86, p. 1. Action brought on 10 March 1999 by Karl L. Meyer against the Commission of the European Communities

(Case T-71/99)

(1999/C 188/63) Action brought on 10 March 1999 by Karl L. Meyer against the Commission of the European Communities (Language of the case: French) (Case T-72/99) An action against the Commission of the European Communi- ties was brought before the Court of First Instance of the European Communities on 10 March 1999 by Karl L. Meyer, (1999/C 188/64) of Uturoa, , , represented by Jean- Dominique des Arcis, of the Bar, with an address for service in Luxembourg at the offices of Mr Pakowski, (Language of the case: French) 20-22 Avenue Emile Reuter. An action against the Commission of the European Communi- The applicant claims that the Court should: ties was brought before the Court of First Instance of the European Communities on 10 March 1999 by Karl L. Meyer, — hold that the content of the letter of Directorate-General of Uturoa, Raiatea, French Polynesia, represented by Jean- VIII of 17 February 1999 is incompatible with both the Dominique des Arcis, of the Papeete Bar, with an address for applicable legislation of and fundamental rights in the service in Luxembourg at the offices of Mr Pakowski, 20-22 European Union, and order that institution to comply Avenue Emile Reuter. properly, and without the exercise of discretion, with the content and spirit of Council Decision 91/482/EEC of 25 July 1991 and Article 92(2)(a) of the Treaty of Rome; The applicant claims that the Court should:

— hold that the European Commission is liable to the — hold that the EDF Agency of the Commission is, by its applicant for failure to comply with the above-mentioned inaction, guilty of a culpable failure to fulfil an obligation, European provisions; compounded by a failure to satisfy a legitimate expectation;

— in addition, order the Commission to pay the applicant the — hold that the EDF Agency of the Commission failed to sum of FRF 20 000 in respect of irrecoverable costs which fulfil its obligation to ensure the application of the he had to incur to protect his interests. provisions adopted by it; — find that the applicant has suffered damage in the sum of FRF 181 518, and order that the said sum, due as of 1992, Pleas in law and main arguments be paid together with interest on account of delay;

The applicant, who is the owner of a plantation in French — in addition, order the Commission to pay the applicant the Polynesia, states that, following a series of natural disasters, he sum of FRF 20 000 in respect of irrecoverable costs which applied to the Commission’s Directorate-General VIII for he had to incur to protect his interests. C 188/28 EN Official Journal of the European Communities 3.7.1999

Pleas in law and main arguments Pleas in law and main arguments

The applicant, who is the owner of a plantation in French The applicant had asked for part of her salary to be transferred Polynesia, states that he participated in a project for the to the Menton () branch of the Banca SanPaolo, and planting of tropical fruit trees on the Island of Raiatea which, with her request attached a declaration that she had opened a in accordance with promises given during a meeting of the savings account designated ‘Home savings plan’ for the farmers of Ile-sous-le-Vent in October 1991, was to be purpose of acquiring immovable property in France. subsidised by the European Development Fund (EDF). The funds assigned to that project were paid over, but were The applicant contests the condition stipulated by the Com- apparently misapplied by the Government of French Polynesia, mission on the basis of Article 4 of its internal directive of which was subsequently obliged to repay the money it had 30 July 1993 (I.A. No 815 of 11 August 1993) to the effect used improperly. that the transfer of the above sum is contingent upon the issue of an undertaking by the Banca SanPaolo, Menton, that it will The applicant maintains that the fact that the EDF delegation inform the Commission of all movements of funds made by proposed the said project to the farmers of Raiatea and Tahaa the applicant so that their whereabouts can be monitored. gave them a legitimate expectation that the subsidy would be paid to them. In accordance with Article 155 of the EC Treaty, the Commission was under a duty to ensure that the funds In support of her claims, the applicant argues that the assigned to the project were in fact paid to the farmers who Commission has infringed and misapplied Article 17(2)(b) of had, for their part, complied with the agreement. Annex VII to the Staff Regulations.

The applicant concludes from the foregoing that there is a On that point, the applicant maintains that the purpose of direct link between the undertaking given by the EDF and the that provision is to enable an official who has financial harm he suffered, which is in the amount of the promised responsibilities in a country other than his place of employ- subsidy. ment to have part of his disposable income transferred in the currency of that country in order to meet regular and certified expenses. It would therefore be unjustified to make the transfer of funds contingent upon the issue of a declaration such as that sought by the Commission. Also, the Commission’s request is in contravention of the general rules governing bank secrecy and the protection of privacy, both at the European Action brought on 19 April 1999 by Beatrice Bonaiti level and in France. According to the applicant, it is difficult to Brighina against the Commission of the European Com- imagine what information the banks are under a duty to munities protect, if not the details of clients’ transactions.

(Case T-93/99)

(1999/C 188/65)

(Language of the case: Italian) Action brought on 16 April 1999 by S.A. Satellimages TV5 against the Commission of the European Communities An action against the Commission of the European Communi- ties was brought before the Court of First Instance of the European Communities on 19 April 1999 by Beatrice Bonaiti (Case T-95/99) Brighina, represented by Mirco Rizzoglio and Franco Colussi, of the Milan and Luxembourg Bars, with an address for service (1999/C 188/66) in Luxembourg at the Chambers of Franco Colussi, 36 Rue De Wiltz. (Language of the case: English) The applicant claims that the Court should: An action against the Commission of the European Communi- — annul the internal Commission directive of 30 July 1993 ties was brought before the Court of First Instance of the (published in I.A No 815 of 11 August 1993), and the European Communities on 16 April 1999 by S.A. Satellimages refusal of 24 June 1998 (Prot. No 563 IX.B.4 VT/D(98)) of TV5, represented by Eduard Marissens, with an address for Directorate General IX (Personnel and Adrninistration) and service in Luxembourg at the Chambers of Lucy Dupong, 14 the measure rejecting the complaint (Prot. No 3964 of rue des Bains. 22 Decernber 1998) concerning the transfer of FF 7 600 per month, being part of the applicant’s salary, to her account designated ‘Home savings plan’ at the Menton The applicant claims that the Court should: branch of the Banca San Paolo; — declare annulled and void the decision, adopted by the — in any event, award damages to be specified in the course defendant and contained in its letter of 15 February 1999 of the proceedings; to the applicant, to reject the latter’s formal complaint of 18 March 1998; — order the Commission to pay all expenses and fees occasioned by the proceedings. — order the Commission to pay the costs.