25.2.2006   

EN

Official Journal of the European Union

C 48/20

Appeal brought on 4 January 2006 by J. Ouariachi against the order of the Court of First Instance (Fifth Chamber) of 26 October 2005 in Case T-124/04: J. Ouariachi v Commission of the European Communities

(Case C-4/06 P)

(2006/C 48/38)

Language of the case: French

An appeal against the order of the Court of First Instance (Fifth Chamber) of 26 October 2005 in Case T-124/04 J. Ouariachi v Commission of the European Communities was brought before the Court of Justice of the European Communities on 4 January 2006 by J. Ouariachi, Rabat (Morocco), represented by L. Dupong, avocat.

The appellant claims that the Court should:

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annul the contested decision and, in so doing:

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order all measures of inquiry necessary to establish the falsification by Mr Louis Charles of certain documents, his general conduct in connection with the abduction of the appellant's children and the connection between the falsification and the issue of visas to the appellant's children by the Sudanese authorities which made their abduction possible, including;

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Mr Louis Charles' personal appearance before the Court;

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a request that information be provided by the European Union Delegation in Khartoum;

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a request for production of the file lodged by Mrs Ronda with the Sudanese Consulate in Rabat in order to obtain a visa for herself and her children;

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all other measures necessary to establish the facts;

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declare that the application is admissible and well-founded;

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order the respondent to pay the appellant a total lump sum indemnity of EUR 100 000 by way of compensation for the damage suffered by him;

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order the respondent to pay all the costs.

Pleas in law and main arguments

The appellant, who has dual Spanish and Moroccan nationality, seeks compensation for damage (assessed at EUR 100 000) caused by Mr. L. Charles, former expert with the European Union Delegation in Khartoum (Sudan), as a result of unlawful acts committed in the performance of his duties and, especially, the production of false documents: a false official invitation from the European Union Delegation in Khartoum enabling the appellant's ex-wife and children to be issued with a visa by the Sudanese Consulate in Rabat (Morocco), which was instrumental in the international abduction of the appellant's children.

The appellant considers that the Court of First Instance was wrong in declaring his claim for compensation inadmissible without first ordering that measures of inquiry be taken and without clarifying:

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the wrongful nature of Mr. Charles' conduct, and

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the direct link between that wrongful conduct and the fact that the Sudanese authorities were deceived into issuing a visa to children without the authority of their father (the appellant).