Case T-412/05: Judgment of the Court of First Instance of 24 September 2008 — M v Ombudsman (Non-contractual liability — Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State — Decision by the European Ombudsman concerning the handling of the complaint — Errors made by the Commission in its finding of instances of maladministration — Naming of the applicant — Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard — Non-material damage — Causal link)
Date: 2008-09-24
Institutions: Court of First Instance
Subjects: European Ombudsman, European official, civil liability proceedings, confidentiality, indemnification, operation of the Institutions, rights of the defence

8.11.2008

EN

Official Journal of the European Union

C 285/35

Judgment of the Court of First Instance of 24 September
2008 — M v Ombudsman

Judgment of the Court of First Instance of 24 September
2008 — Reliance Industries v Council and Commission

(Case T-412/05) (1)

(Case T-45/06) (1)

(Non-contractual liability — Decision by the Commission to
take no action on a complaint calling into question the
conduct of a Member State — Decision by the European
Ombudsman concerning the handling of the complaint —
Errors made by the Commission in its finding of instances of
maladministration — Naming of the applicant — Infringe-
ment of the right to respect for private life, and of the princi-
ples of proportionality and the right to be heard — Non-mate-
rial damage — Causal link)

(2008/C 285/62)

Language of the case: French

(Common commercial policy — Anti-dumping duties —
Countervailing duties — Expiry of duties — Notice of initia-
tion of a review — Time-limits — WTO Rules)

(2008/C 285/63)

Language of the case: English

Parties

Parties

(represented initially by G.
Applicant: M (Brussels, Belgium)
Vandersanden and A. Kalogeropoulos, then by A. Kalogero-
poulos and L. Levi, lawyers)

Defendant: European Ombudsman (represented by: J. Sant'Anna
and G. Grill, Agents)

Applicant: Reliance Industries Ltd (Mumbai, India) (represented
by: I. MacVay and S. Ahmed, Solicitors, R. Thompson, QC, and
K. Beal, Barrister)

Defendants: Council of the European Union (represented by: J.-P.
lawyer) and
Hix, acting as Agent, assisted by G. Berrisch,
Commission of the European Communities (represented by: N.
Khan and P. Stancanelli, acting as Agents)

Re:

Action under the second paragraph of Article 288 EC for
compensation for damage suffered by the applicant as a result
of being named in the decision of the European Ombudsman of
18 July 2002 concerning the complaint registered with the
reference 1288/99/OV and as a result of the negligent conduct
of
that
the Ombudsman concerning the investigation of
complaint and the conclusions he reached in that decision.

Operative part of the judgment

The Court:

1. Orders the European Ombudsman to pay Mr M compensation of

EUR 10 000;

Re:

Application for annulment of:

— Commission Notice of 1 December 2005 of initiation of an
expiry review of the countervailing measures applicable to
imports of certain polyethylene terephthalate originating in
inter alia India (OJ 2005 C 304, p. 4),

— Commission Notice of 1 December 2005 of initiation of an
expiry review of the anti-dumping measures applicable to
imports of certain polyethylene terephthalate originating in
India, Indonesia, the Republic of Korea, Malaysia, Taiwan
and Thailand and a partial
the anti-
dumping measures applicable to imports of certain poly-
ethylene terephthalate originating in the Republic of Korea
and Taiwan (OJ 2005 C 304, p. 9),

interim review of

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 48, 25.2.2006.

countervailing duty

— Council Regulation (EC) No 2603/2000 of 27 November
and
2000 imposing a definitive
collecting definitively the provisional duty imposed on
imports of certain polyethylene terephthalate originating in
India, Malaysia and Thailand and terminating the anti-
subsidy proceeding concerning imports of certain polyethy-
lene terephthalate originating in Indonesia, the Republic of
Korea and Taiwan (OJ 2000 L 301, p. 1), Council Regulation
(EC) No 2604/2000 of 27 November 2000 imposing a defi-
definitively
nitive

anti-dumping

collecting

duty

and