Judgment of the Court of First Instance of 4 May 2005 in Case T-144/03, Nadine Schmit v Commission of the European Communities (Community officials — Mental harassment — Duty to assist — Obligation to state reasons — Non-inclusion of documents in personnel file)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), psychological harassment

C 171/16

EN

Official Journal of the European Union

9.7.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 April 2005

of 4 May 2005

in Case T-141/03, Sniace SA v Commission of the Euro-
pean Communities (1)

in Case T-144/03, Nadine Schmit v Commission of the
European Communities (1)

(State Aid — Equity loan — Legal

interest in bringing

proceedings — Inadmissibility)

(Community officials — Mental harassment — Duty to
assist — Obligation to state reasons — Non-inclusion of
documents in personnel file)

(2005/C 171/27)

(Language of the case: Spanish)

(2005/C 171/28)

(Language of the case: French)

for

against

the Commission of

In Case T-141/03: Sniace SA, established in Madrid (Spain),
represented by J. Baró Fuentes, lawyer, supported by Kingdom
of Spain, (Agent: N. Díaz Abad, with an address for service in
Luxembourg)
the European
Communities (Agents: F. Santaolalla Gadea and J. Buendía
Sierra, with an address for service in Luxembourg) — applica-
tion
of Commission Decision
2003/284/EC of 11 December 2002 on the State aid imple-
mented by Spain for Sniace SA (OJ 2003 L 108, p. 35) — the
Court of First Instance (Third Chamber, Extended Composition),
composed of J. Azizi, President, M.
Jaeger, F. Dehousse, E.
Cremona and O. Czúcz, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 14 April
2005, in which it:

annulment

partial

1. Dismisses the action as inadmissible;

In Case T-144/03, Nadine Schmit, official of the Commission
of the European Communities, residing in Ispra (Italy), repre-
sented by P.-P. Van Gehuchten and P. Jadoul, lawyers, with an
address for service in Luxembourg, v Commission of the Euro-
pean Communities (Agents: J. Currall and L. Lozano Palacios,
assisted by D. Waelbroeck and U. Zinsmeister, lawyers, with an
address for service in Luxembourg), — action for annulment of
the Commission's decision of 11 July 2002 refusing to with-
draw certain allegedly defamatory documents from the appli-
cant's personnel file, denying the existence of libellous state-
ments about her and denying any harm resulting from the staff
reports and promotion years and, if necessary, action for annul-
ment of the Commission's decision of the same day refusing to
register the applicant's 'pre-litigation claim' lodged by the appli-
cant on 28 June 2002 — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, J. Azizi and E.
Cremona, Judges, H. Jung, Registrar, has given a judgment on 4
May 2005, in which it:

2. Orders the applicant to pay the costs;

1 Dismisses the action.

3. Orders the Kingdom of Spain to bear its own costs.

2 Orders each party to bear its own costs.

(1) OJ C 171 of 19.7.2003.

(1) OJ C 171 of 19.7.2003