CELEX: C2007/199/102
Language: en
Date: 2007-08-25 00:00:00
Title: Case F-62/07: Action brought on 20 June 2007 — De Fays v Commission

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/53
            
         Action brought on 20 June 2007 — De Fays v Commission
   (Case F-62/07)
   (2007/C 199/102)
   Language of the case: French
   Parties
   
      Applicant: Chantal De Fays (Brussels, Belgium) (represented by: P. -P. Guhuchten and Ph. Reyniers, lawyers)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               annul the Commission's decision of 16 March 2007 dismissing the Applicant's pre-litigation claim for damages;
            
         
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               order the Commission to pay the amount of EUR 25 000;
            
         
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               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The applicant brought a complaint against the Authorising Authority's decision of 15 September 2006 awarding her damages of EUR 500 only as compensation for non-material loss suffered as a result of the drawing up of her Career Development Reports (CDR) for 2003, 2004 and 2005. By the contested decision the Authorising Authority dismissed that complaint.
   In support of her action, the applicant submits that the procedures for drawing up the CDR at issue were late and created a state of uncertainty as to the development of her career. Moreover, the repetition in each of the CDRs of allegedly hurtful and inappropriate content gave rise to non-material damage. The Commission failed to respect the obligations placed on it by the principles of respect for human dignity, sound administration, the duty to have regard to the welfare of officials and, by analogy, the Community rules applicable to harassment at work (1).
   
      (1)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ 2006 L 204, p. 23); Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ 2004 L 373, p. 37); Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 269, p. 15).