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


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)


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:


Orders the European Ombudsman to pay Mr M compensation of EUR 10 000;


Dismisses the action as to the remainder;


Orders each party to bear its own costs.

(1)  OJ C 48, 25.2.2006.