Case T-48/05: Judgment of the Court of First Instance of 8 July 2008 — Franchet and Byk v Commission (Non-contractual liability — Civil service — Investigations by OLAF — Eurostat case — Communication to national judicial authorities of information relating to facts liable to lead to criminal proceedings — Lack of advance information for the officials concerned and the supervisory committee of OLAF — Leaks in the press — Disclosure by OLAF and the Commission — Breach of the principle of presumption of innocence — Non-material damage — Causal link)
Date: 2008-07-08
Institutions: Court of First Instance
Subjects: European Anti-fraud Office, European Commission, Eurostat, access to EU information, appeal to the Court (EU), confidentiality, fraud against the EU, fundamental rights, outsourcing, rights of the defence

C 209/44

EN

Official Journal of the European Union

15.8.2008

Judgment of the Court of First Instance of 8 July 2008 —
Franchet and Byk v Commission

Judgment of the Court of First Instance of 8 July 2008 —
Huvis v Council

(Case T-48/05) (1)

(Case T-221/05) (1)

(Non-contractual liability — Civil service — Investigations by
OLAF — ‘Eurostat’ case — Communication to national judi-
cial authorities of information relating to facts liable to lead
to criminal proceedings — Lack of advance information for
the officials concerned and the supervisory committee of
OLAF — Leaks in the press — Disclosure by OLAF and the
Commission — Breach of the principle of presumption of
innocence — Non-material damage — Causal link)

(Dumping — Imports of polyester staple fibres from Korea —
Regulation terminating an interim review — Application of a
different methodology to that used in the initial investigation
— Requirement of a change in circumstances — Adjustment
claimed for credit costs — Credit periods — Burden of proof
— Principle of sound administration — Article 2(10)(b) and
(g) and Article 11(9) of Regulation (EC) No 384/96)

(2008/C 209/75)

Language of the case: French

(2008/C 209/76)

Language of the case: English

Parties

Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxem-
bourg, Luxembourg) (represented by: G. Vandersanden and L.
Levi, avocats)

Parties

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier, acting as Agent)

Applicant: Huvis Corp.
(represented by:
lawyers)

(Gangnam-gu, Seoul, South Korea,)
J.-F. Bellis, F. Di Gianni and R. Antonini,

Re:

Defendant: Council of the European Union (represented by: J.- P.
Hix, Agent, and G. Berrisch, lawyer)

APPLICATION for compensation for material and non-material
damage allegedly suffered as a result of alleged wrongful acts on
the part of the Commission and OLAF in the course of investi-
gations relating to the ‘Eurostat’ case.

in support of

Intervener
the
European Communities (represented by: E. Righini and K.
Talabér Ricz, acting as Agents)

the defendant: Commission of

Operative part of the judgment

The Court:

Re:

1. Orders the Commission to pay Yves Franchet and Daniel Byk the

sum of EUR 56 000;

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

(1) OJ C 93, 16.4.2005.

Application, first, for the annulment of Article 2 of Council
Regulation (EC) No 428/2005 of 10 March 2005 imposing a
definitive anti-dumping duty on imports of polyester staple
fibres originating in the People's Republic of China and Saudi
Arabia, amending Regulation (EC) No 2852/2000 imposing a
definitive anti-dumping duty on imports of polyester staple
fibres originating in the Republic of Korea and terminating the
anti-dumping proceeding in respect of such imports originating
in Taiwan (OJ 2005 L 71, p. 1) and, second, for a declaration
under Article 241 EC that the provisions of Council Regulation
(EC) No 384/96 of 22 December 1995 on protection against
dumped imports from countries not members of the European
Community (OJ 1996 L 56, p. 1) are inapplicable to the extent
to which they support the disputed conclusions contained in
Regulation No 428/2005