CELEX: 62005TJ0412
Language: en
Date: 2008-09-24
Title: Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008. # M v European 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. # Case T-412/05.

Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008 – M v Ombudsman
      (Case T-412/05)
      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
      
      1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute
            (Art. 288 EC; Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court
            of First Instance, Art. 44(1)(c)) (see paras 43-48)
      2.                     European Ombudsman – Duty to comply with the principle of confidentiality – Duty not to name persons not subject to his jurisdiction
            (see paras 126-133)
      3.                     Non-contractual liability – Conditions – Sufficiently serious breach of a higher rule of law protecting individuals (Art.
            288, second para., EC) (see paras 133-145)
      4.                     Non-contractual liability – Conditions – Real and certain damage caused by an illegal act (Art. 288, second para., EC) (see
            paras 146-158)
      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 the Ombudsman concerning the investigation of that complaint and the conclusions
                  he reached in that decision.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Orders the European Ombudsman to pay Mr M compensation of EUR 10 000;
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders each party to bear its own costs.