Case F-121/07: Action brought on 22 October 2007 — Strack v Commission
Date: 2007-10-22
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, access to information, action by staff, personal data, regulations for civil servants, staff assessment

C 315/50

EN

Official Journal of the European Union

22.12.2007

Action brought on 22 October 2007 — Strack v
Commission

(Case F-120/07)

(2007/C 315/95)

Language of the case: German

The applicant also claims that it can be seen from the accessory
claim for damages that the defendant unlawfully refused to pay
the compensation due to the applicant in accordance with the
second paragraph of Article 4 of Annex V to the Staff Regula-
tions at the time that the applicant left the active service.

Action brought on 22 October 2007 — Strack v
Commission

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H.
Tettenborn, lawyer)

(Case F-121/07)

(2007/C 315/96)

Defendant: Commission of the European Communities

Language of the case: German

Form of order sought

Parties

The applicant claims that the Tribunal should:

— Annul the decisions of the European Commission of 30 May
2005, 25 October 2005, 15 March 2007 and 20 July 2007
to the extent that they limit to 12 the number of days of
unused annual
leave for 2004 which the applicant was
allowed to carry over to the following year and to limit
accordingly the compensation for unused leave paid to the
applicant at the time that he left the service;

— Order the European Commission to pay the applicant finan-
cial compensation for 26,5 days unused leave in respect of
which no compensation has been paid in accordance with
the second paragraph of Article 4 of Annex V to the Staff
Regulations, plus interest, from 1 April 2005, at a rate of
2 % per year above the main refinancing operations rate
fixed by the European Central Bank for the period in ques-
tion;

— Order the Commission of the European Communities to

pay the costs.

Applicant: Guido Strack (Cologne, Germany) (represented by: H.
Tettenborn, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

— Annul

that

the decisions of

the European Commission of
12 January 2007, 26 February 2007 and 20 July 2007 to
immediate and
they deny the applicant
the extent
comprehensive access to all data and documents in the
defendant's possession concerning him. That means, at the
present moment and in their current versions, transmission
of complete, preferably electronic, copies of the following
in the alternative, an unrestricted right to
documents, or,
examine the abovementioned data and documents and to
make copies thereof and notes thereon:

Pleas in law and main arguments

In support of his application, the applicant invokes an infringe-
ment of the first and second paragraphs of Article 4 of Annex V
to the Staff Regulations and of the defendant's Administrative
Notice No 66-2002. According to those provisions, he was
entitled to carry over in its entirety to 2005 that part of his
annual leave for 2004 which, by reason of the requirements of
the service, he had been unable to use up before the end of the
calendar year 2004, something which the defendant's contested
decision refused him permission to do. He was unable to use up
his leave due to the illness which the defendant has in the
interim accepted is occupational in nature.

— his official personal file, in accordance with the require-
ments of Article 26 of the Staff Regulations, and all
additional parallel files — including electronic ones (for
example, Sysper 2);

— all documents relating to the procedure and decisions
concerning the assessments made of him and his promo-
tions since 1 January 2002;

— the OLAF files in Case OF/2002/0356;

— the files in the proceedings concerning his application of

7 March 2005;

22.12.2007

EN

Official Journal of the European Union

C 315/51

— the report drawn up by the Investigation and Disci-
plinary Office (IDOC) in those proceedings, the IDOC
files on which that report was based and all other docu-
ments in the possession of IDOC which concern or refer
to the complainant;

— his medical file, which the Commission must provide in

readable form;

which is sought in these proceedings, plus interest, from the
time at which the action was brought, at a rate of 2 % per
year above the main refinancing operations rate fixed by the
European Central Bank for the period in question;

— Order the Commission of the European Communities to

pay the costs.

— all other medical documents, reports and other similar

Pleas in law and main arguments

material held by the Commission;

— all other files, documents and correspondence in the
Commission's possession relating to the facts set out in
this case and/or individual procedures, that is to say,
including the procedure in the complaints brought
before the Ombudsman and the European Data Protec-
tion Supervisor (EDPS);

— Order the European Commission to pay the applicant an
appropriate
least
by way of
EUR 10 000, for non-material damage and damage to his
health caused to him by the decisions the annulment of

damages,

amount

at

In support of his application, the applicant invokes a breach of
the duty of care towards officials, a breach of the principle of
sound administration, a misuse of the power of assessment or
an error in the exercise thereof in the contested decisions. In
addition, the decisions also infringe the second sentence of the
second paragraph of Article 25,
the seventh paragraph of
Article 26 and Article 26a of the Staff Regulations and infringe
rights under Article 255 EC, Regulation
the
No 1049/2001 and the fundamental right to self-determination
in regard to information,
taken together with Regulation
No 45/2001.

applicant's