Case T-82/04: Action brought on 25 February 2004 by Jamal Ouariachi against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, European official, Morocco, Sudan, appeal to the Court (EU), damage, divorced person, fraud, rights of access

30.4.2004

EN

Official Journal of the European Union

C 118/43

Action brought on 25 February 2004 by Jamal Ouariachi
against the Commission of the European Communities

The applicant claims that the Court should:

(Case T-82/04)

(2004/C 118/94)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 25 February 2004 by Jamal Ouar-
iachi, residing in Rabat (Morocco), represented by France Blan-
mailland, lawyer.

The applicant claims that the Court should:

— order the defendant to pay a lump sum of EUR 150 000 to
the applicant as compensation for the non-material damage
which he has sustained;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant, who has both Moroccan and Spanish nationality
and resides in Morocco, has been divorced since 2000 and has
visiting rights in respect of his two children, who are in their
mother's custody. In 2002, the mother took the children to
Sudan where, according to the applicant, she was joining a
Commission official then working at the European Union Dele-
gation in Khartoum, Sudan.

The applicant claims that, in order to be able to take the chil-
dren away from their father and leave Moroccan territory to go
to Sudan, his ex-wife had an invitation from the European
Union Delegation in Khartoum, and that it is on the basis of
that invitation that the Sudanese consulate issued a visa.

Furthermore, the applicant claims that the official in question
usurped the applicant's identity by signing the two children's
school reports.

Action brought on 4 March 2004 by Marta Cristiana
Moren Abat against the Commission of the European
Communities

(Case T-92/04)

(2004/C 118/95)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 March 2004 by Marta Cristiana
Moren Abat, residing in Brussels (Belgium), represented by G.
Leibitsch, lawyer.

— declare void and annul the decision of the selection board
of open competition COM/A/1/02 of 22 April 2003 by
which the applicant was refused admission to the next
stage of the selection procedure on the basis of the results
of the preliminary test;

— declare void and annul the decision of the selection board
of the appointing authority of 30 January 2004 concerning
the applicant's complaint of 17 July 2003 under Article
90(2) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments correspond to those
submitted in Case T-91/04 Just v Commission.

Action brought on 16 March 2004 by AC-Treuhand AG
against the Commission of the European Communities

(Case T-99/04)

(2004/C 118/96)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 16 March 2004 by AC-Treuhand
AG, Zürich (Switzerland), represented by M. Karl, C. Steinle
and J. Drolshammer, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission of the European
Communities of 10 December 2003 (rectified on 7 January
2004)
in Case COMP/E-2/37.857 – Organic Peroxides
insofar as it relates to the applicant;

— order the Commission of the European Communities to

pay the costs.