# C_2005155EN.01002503.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/25 |
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25.6.2005

EN

Official Journal of the European Union

C 155/25

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Action brought on 15 April 2005 by Carmela Lo Giudice against the Commission of the European Communities

(Case T-154/05)

(2005/C 155/50)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 15 April 2005 by Carmela Lo Giudice, residing in Strambeek Bever (Belgium), represented by Gilles Bounéou and Frédéric Frabetti, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

| 1. | annul the express decision of 18 January 2005, No 05/399, rejecting her complaint; |
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1.

annul the express decision of 18 January 2005, No 05/399, rejecting her complaint;

| 2. | in so far as is necessary, annul the implied decision rejecting the applicant's request for assistance dated 28 November 2003 and annul the implied decision rejecting the applicant's request for assistance dated 23 December 2003; |
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2.

in so far as is necessary, annul the implied decision rejecting the applicant's request for assistance dated 28 November 2003 and annul the implied decision rejecting the applicant's request for assistance dated 23 December 2003;

| 3. | find that the applicant was subjected to, and experienced, psychological harassment in her job; |
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3.

find that the applicant was subjected to, and experienced, psychological harassment in her job;

| 4. | order the defendant to pay the applicant the sum of EUR 100 000 (one hundred thousand euro) in compensation for non-material damage, subject to any increases or assessments in connection with the psychological harassment, bearing in mind that the applicant's future is totally uncertain and that her health has been badly affected; |
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4.

order the defendant to pay the applicant the sum of EUR 100 000 (one hundred thousand euro) in compensation for non-material damage, subject to any increases or assessments in connection with the psychological harassment, bearing in mind that the applicant's future is totally uncertain and that her health has been badly affected;

| 5. | reserve all legal obligations, including the right to apply for discovery of the witness examinations as described in the IDOC's findings of 7 January 2005; |
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5.

reserve all legal obligations, including the right to apply for discovery of the witness examinations as described in the IDOC's findings of 7 January 2005;

| 6. | order the defendant to pay the costs. |
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6.

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official of the Commission, lodged with her superiors two requests for assistance, dated 28 November 2003 and 23 December 2003, in which she claimed to be the victim of psychological harassment within her organisational unit. By her action, she contests the rejection of her requests and of the complaint which she lodged subsequently.

In support of her action, the applicant maintains that, in the light of the number of tasks which were assigned to her by her superior and of the number of e-mails which he sent to her, it is indisputable that she experienced genuine psychological harassment. The contested decisions therefore infringe Article 12 of the Staff Regulations.

The rejection of her requests for assistance infringes, in her view, both Article 24 of the Staff Regulations and Mr Kinnock's proposal of 15 October 2003 concerning policy on psychological harassment. The applicant also alleges failure to state reasons for the decision of 18 January 2005, breach of the principle of the prohibition of arbitrary conduct, misuse of powers, breach of the principle of the protection of legitimate expectations and of the rule patere legem quam ipse fecisti and breach of the duty to have regard for the welfare of officials.

patere legem quam ipse fecisti

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