# C_2010260EN.01002702.xml

| 25.9.2010 | EN | Official Journal of the European Union | C 260/27 |
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25.9.2010

EN

Official Journal of the European Union

C 260/27

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Action brought on 16 July 2010 — Allgeier v FRA

(Case F-58/10)

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2010/C 260/37

Language of the case: English

Parties

Parties

Applicant: Timo Allgeier (Vienna, Austria) (represented by: L. Levi and M. Vandenbussche, lawyers)

Applicant:

Defendant: European Union Agency for Fundamental Rights

Defendant:

The subject matter and description of the proceedings

The subject matter and description of the proceedings

First, annulment of the decision of the defendant not to pursue the complaint for harassment lodged by the applicant. Second, recognition that the applicant has been a victim of harassment conducted by his superiors, and compensation for material and non-material loss.

Form of order sought

Form of order sought

| — | The annulment of the decision of the Agency of Fundamental Rights dated 16 October 2009 rejecting the claims of the Appellant insofar as it does not recognize that he has been victim of an harassment conducted by Mr. M. and Mr. A. and, if necessary, the annulment of the decision dated 6 April 2010 rejecting the complaint; |
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The annulment of the decision of the Agency of Fundamental Rights dated 16 October 2009 rejecting the claims of the Appellant insofar as it does not recognize that he has been victim of an harassment conducted by Mr. M. and Mr. A. and, if necessary, the annulment of the decision dated 6 April 2010 rejecting the complaint;

| — | the recognition that he has been victim of harassment conducted by Mr. M. and Mr. A. and the necessary disciplinary consequences; or, alternatively, (i) the opening of a new administrative enquiry, fair, independent and impartial with the creation of a panel of experts for the performance of the administrative enquiry and (ii) the adoption of all the necessary measures in order to allow a fair enquiry without any possible pressures and interferences; |
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the recognition that he has been victim of harassment conducted by Mr. M. and Mr. A. and the necessary disciplinary consequences; or, alternatively, (i) the opening of a new administrative enquiry, fair, independent and impartial with the creation of a panel of experts for the performance of the administrative enquiry and (ii) the adoption of all the necessary measures in order to allow a fair enquiry without any possible pressures and interferences;

| — | the compensation of the Appellant’s material prejudice, provisionally evaluated at EUR 71 823,23; |
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the compensation of the Appellant’s material prejudice, provisionally evaluated at EUR 71 823,23;

| — | the granting of EUR 85 000 in compensation of the moral prejudice resulting from the way the entire procedure was conducted and the Decision reached; |
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the granting of EUR 85 000 in compensation of the moral prejudice resulting from the way the entire procedure was conducted and the Decision reached;

| — | the condemnation of FRA to the payment of the costs. |
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the condemnation of FRA to the payment of the costs.

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