Case T-193/04: Judgment of the Court of First Instance of 4 October 2006 — Tillack v Commission (Investigation by the European Anti-Fraud Office (OLAF) into the publication of confidential information — Suspicions of bribery and breach of professional secrecy — Communication to national judicial authorities of information relating to situations liable to lead to criminal proceedings — Search of the home and office of a journalist — Action for annulment — Admissibility — Action for damages — Causal link — Sufficiently serious breach)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: European Anti-fraud Office, European Commission, action for annulment (EU), corruption, damages, fraud against the EU, freedom of the press

18.11.2006

EN

Official Journal of the European Union

C 281/33

Judgment of the Court of First Instance of 4 October 2006
— Tillack v Commission

Judgment of the Court of First Instance of 6 September
2006 — Italy and Wam v Commission

(Case T-193/04) (1)

(Joined Cases T-304/04 and T-316/04) (1)

(Investigation by the European Anti-Fraud Office (OLAF)
into the publication of confidential information — Suspicions
of bribery and breach of professional secrecy — Communica-
tion to national judicial authorities of information relating to
situations liable to lead to criminal proceedings — Search of
the home and office of a journalist — Action for annulment
— Admissibility — Action for damages — Causal link —
Sufficiently serious breach)

(2006/C 281/56)

Language of the case: English

(State aid — Loans at reduced rates intended to make it
possible to become established in certain non-member coun-
tries — Effect on trade between Member States and distor-
tion of competition — Statement of reasons)

(2006/C 281/57)

Language of the case: Italian

Parties

Parties

Applicant: Hans-Martin Tillack (Brussels, Belgium) (represented
by: I. Forrester QC, T. Bosly, C. Arhold, N. Flandin, J. Herrlinger
and J. Siaens, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Docksey and C. Ladenburger, Agents)

Intervener in support of the applicant: International Federation of
Journalists (IFJ) (Brussels, Belgium) (represented by: A. Bartosch
and T. Grupp, lawyers)

Applicants: Italian Republic (represented initially by A. Cingolo,
and subsequently by P. Gentili,
lawyers) and Wam SpA
(Cavezzo di Modena, Italy) (represented by E. Giliani, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Re:

Re:

APPLICATION, first, for the annulment of the act by which, on
11 February 2004, the European Anti-Fraud Office (OLAF)
forwarded to the German and Belgian judicial authorities infor-
mation concerning suspicions of breach of professional secrecy
and bribery and, second, for damages in compensation for
non-material injury suffered by the applicant as a result of the
forwarding of that information and of the publication of press
releases by OLAF.

for

annulment

Application
Commission Decision
2006/177/EC of 19 May 2004 on State aid No C 4/2003 (ex
NN 102/2002) implemented by Italy for WAM SpA (OJ 2006
L 63, p. 11).

of

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

2. Declares it unnecessary to give judgment on the request for the

production of documents;

3. Orders the applicant to pay his own costs and the costs incurred
including those relating to the interlocutory

by the Commission,
proceedings;

4. Orders the International Federation of Journalists to bear its own

costs.

1. Annuls Commission Decision 2006/177/EC of 19 May 2004
on State aid No C 4/2003 (ex NN 102/2002) implemented by
Italy for WAM SpA (OJ 2006 L 63, p. 11);

2. Dismisses the actions as to the remainder;

3. Orders the Commission to bear its own costs and to pay those
incurred, in Case T-304/04, by the Italian Republic and, in Case
T-316/04, by Wam,
including those relating to the interim
proceedings.

(1) OJ C 251, 9.10.2004.

(1) OJ C 251 of 9.10.2004.