# C_2006190EN.01003701.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/37 |
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12.8.2006

EN

Official Journal of the European Union

C 190/37

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Action brought on 30 June 2006 — Verheyden v Commission

(Case F-72/06)

(2006/C 190/69)

Language of the case: French

Parties

Applicant: Luc Verheyden (Angera, Italy) (represented by: E. Boigelot, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | order the production of the files concerning the applicant and sealed by the European Anti-Fraud Office (OLAF) and all the evidence and documents collected by OLAF against the applicant; |
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order the production of the files concerning the applicant and sealed by the European Anti-Fraud Office (OLAF) and all the evidence and documents collected by OLAF against the applicant;

| — | order the production of the warrant of the OLAF inspectors; |
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order the production of the warrant of the OLAF inspectors;

| — | order the production of any OLAF report concerning the investigation, whether or not sent to the Italian judicial authorities, including the final report of the internal investigation; |
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order the production of any OLAF report concerning the investigation, whether or not sent to the Italian judicial authorities, including the final report of the internal investigation;

| — | annul the investigation into the applicant; |
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annul the investigation into the applicant;

| — | annul the Note from OLAF notifying the investigation and providing information to the Italian judicial authorities and the despatch of the reports of the investigation to the Italian judicial authorities; |
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annul the Note from OLAF notifying the investigation and providing information to the Italian judicial authorities and the despatch of the reports of the investigation to the Italian judicial authorities;

| — | annul the intermediate and final reports of the investigation; |
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annul the intermediate and final reports of the investigation;

| — | annul the implicit decisions rejecting the applicant's application and complaint; |
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annul the implicit decisions rejecting the applicant's application and complaint;

| — | annul all measures which may be taken subsequently to the bringing of this action following and/or relating to those decisions; |
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annul all measures which may be taken subsequently to the bringing of this action following and/or relating to those decisions;

| — | order the defendant to pay damages, assessed on an equitable basis at EUR 30 000, subject to increase and/or decrease in the course of the proceedings; |
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order the defendant to pay damages, assessed on an equitable basis at EUR 30 000, subject to increase and/or decrease in the course of the proceedings;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant, in addition to putting forward very similar pleas to those raised in connection with Case F-5/05 (1) and raising the same pleas of unlawfulness as invoked in that case, also contends that Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (2) is unlawful as to the part which inserts Article 1 of Annex IX to the Staff Regulations.

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(1)  OJ C 82 of 2.4.2005 (case initially registered before the Court of First Instance of the European Communities under number T-22/05 and transferred to the European Civil Service Tribunal by order of 15.12.2005).

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(2)  OJ L 124 of 27.4.2004, p. 1.

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