# C_2005082EN.01003701.xml

| 2.4.2005 | EN | Official Journal of the European Union | C 82/37 |
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2.4.2005

EN

Official Journal of the European Union

C 82/37

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Action brought on 11 January 2005 by Antonello Violetti and Others against Commission of the European Communities

(Case T-22/05)

(2005/C 82/67)

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 11 January 2005 by Antonello Violetti, residing in Cittiglio (Italy), and 12 other officials, represented by E. Boigelot, lawyer.

The applicants claim that the Court should:

| 1. | order the production of all the files concerning the applicants and sealed by the European Anti-Fraud Office (OLAF); |
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1.

order the production of all the files concerning the applicants and sealed by the European Anti-Fraud Office (OLAF);

| 2. | order the production of the report which concludes the internal investigation into the applicants; |
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2.

order the production of the report which concludes the internal investigation into the applicants;

| 3. | annul the investigation into the applicants; |
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3.

annul the investigation into the applicants;

| 4. | annul the Note from OLAF containing the notification of the investigation and the information of the Italian judicial authorities; |
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4.

annul the Note from OLAF containing the notification of the investigation and the information of the Italian judicial authorities;

| 5. | annul the report of the investigation sent to the Italian judicial authorities; |
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5.

annul the report of the investigation sent to the Italian judicial authorities;

| 6. | 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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6.

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

| 7. | order the Commission to pay damages and interest, assessed on an equitable basis at EUR 30 000 for each applicant, subject to increase and/or decrease in the course of the proceedings; |
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7.

order the Commission to pay damages and interest, assessed on an equitable basis at EUR 30 000 for each applicant, subject to increase and/or decrease in the course of the proceedings;

| 8. | in any event, order the defendant to pay the costs. |
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8.

in any event, order the defendant to pay the costs.

Pleas in law and main arguments

OLAF notified the applicants that an internal investigation had been opened concerning the application of the accident insurance scheme. Following that notification, the officials concerned applied for access to their medical files. That access was refused them.

The plea in law alleges infringement of Article 73 of the Staff Regulations, Article 28 of the Conditions of employment of other servants, infringement of the Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease, disregard of the general principles of law, such as the principle of sound administration and the principle of equal treatment, and disregard of the duty to have regard for the welfare of officials and of the principles which require OLAF and the Commission to adopt decisions only on the basis of lawful grounds, that is to say grounds which are relevant and not vitiated by a manifest error of assessment.

The applicants submit also that Regulation 1073/1999 (1) and Commission Decision 1999/396/EC of 2 June 1999 (2) are illegal and, as a result, plead their illegality within the meaning of Article 241 of the EC Treaty.

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(1)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ 1999 L 136, p. 1).

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(2)  Commission Decision 1999/396/EC, ECSC, Euratom of 2 June 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests (OJ 1999 L 149, p. 57).

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