Non contractual liability Causal link material damage 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
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008.
M v European Ombudsman.
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.
Case T-412/05.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008 – M v Ombudsman
(Case T-412/05)
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
1. Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute (Art. 288 EC; Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 43-48)
2. European Ombudsman – Duty to comply with the principle of confidentiality – Duty not to name persons not subject to his jurisdiction (see paras 126-133)
3. Non-contractual liability – Conditions – Sufficiently serious breach of a higher rule of law protecting individuals (Art. 288, second para., EC) (see paras 133-145)
4. Non-contractual liability – Conditions – Real and certain damage caused by an illegal act (Art. 288, second para., EC) (see paras 146-158)
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
The Court:
|
1. |
Orders the European Ombudsman to pay Mr M compensation of EUR 10 000; |
|
2. |
Dismisses the action as to the remainder; |
|
3. |
Orders each party to bear its own costs. |