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8.11.2008 |
EN |
Official Journal of the European Union |
C 285/35 |
Judgment of the Court of First Instance of 24 September 2008 — M v Ombudsman
(Case T-412/05) (1)
(Non-contractual liability - Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State - Decision by the European Ombudsman concerning the handling of the complaint - Errors made by the Commission in its finding of instances of maladministration - Naming of the applicant - Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard - Non-material damage - Causal link)
(2008/C 285/62)
Language of the case: French
Parties
Applicant: M (Brussels, Belgium) (represented initially by G. Vandersanden and A. Kalogeropoulos, then by A. Kalogeropoulos and L. Levi, lawyers)
Defendant: European Ombudsman (represented by: J. Sant'Anna and G. Grill, Agents)
Re:
Action under the second paragraph of Article 288 EC for compensation for damage suffered by the applicant as a result of being named in the decision of the European Ombudsman of 18 July 2002 concerning the complaint registered with the reference 1288/99/OV and as a result of the negligent conduct of the Ombudsman concerning the investigation of that complaint and the conclusions he reached in that decision.
Operative part of the judgment
The Court:
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1. |
Orders the European Ombudsman to pay Mr M compensation of EUR 10 000; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |