15.8.2008   

EN

Official Journal of the European Union

C 209/44


Judgment of the Court of First Instance of 8 July 2008 — Franchet and Byk v Commission

(Case T-48/05) (1)

(Non-contractual liability - Civil service - Investigations by OLAF - ‘Eurostat’ case - Communication to national judicial authorities of information relating to facts liable to lead to criminal proceedings - Lack of advance information for the officials concerned and the supervisory committee of OLAF - Leaks in the press - Disclosure by OLAF and the Commission - Breach of the principle of presumption of innocence - Non-material damage - Causal link)

(2008/C 209/75)

Language of the case: French

Parties

Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxembourg, Luxembourg) (represented by: G. Vandersanden and L. Levi, avocats)

Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)

Re:

APPLICATION for compensation for material and non-material damage allegedly suffered as a result of alleged wrongful acts on the part of the Commission and OLAF in the course of investigations relating to the ‘Eurostat’ case.

Operative part of the judgment

The Court:

1.

Orders the Commission to pay Yves Franchet and Daniel Byk the sum of EUR 56 000;

2.

Dismisses the remainder of the action;

3.

Orders the Commission to pay the costs.


(1)  OJ C 93, 16.4.2005.