CELEX: C2005/229/55
Language: en
Date: 2005-09-17 00:00:00
Title: Case T-252/05: Action brought on 4 July 2005 by Q against the Commission of the European Communities

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/25
            
         Action brought on 4 July 2005 by Q against the Commission of the European Communities
   (Case T-252/05)
   (2005/C 229/55)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 4 July 2005 by Q, residing in Brussels, represented by Stéphane Rodrigues and Yola Minatchy, lawyers.
   The applicant claims that the Court should:
   
               1.
            
            
               to the extent necessary, annul the decision of 29 March 2005 by which the Commission dismissed the applicant's complaint, brought on 29 November 2004, against the its implied refusals of the request of 29 April 2004, pursuant to Article 24 of the Staff Regulations, for assistance and protection from bullying and claim for damages, and the requests for the adoption of immediate preventive measures of 7 May 2004 and 24 May 2004;
            
         
               2.
            
            
               annul the Commission's decision of 4 May 2005 in reply to the applicant's claim of 20 December 2004 and the Career Development Report in respect of the applicant for the period from 1 January 2003 to 31 December 2003;
            
         
               3.
            
            
               hold the European Community non-contractually liable on account of the contested decision and the drawing up of the applicant's Career Development Report;
            
         
               4.
            
            
               award the applicant compensation in the amount of EUR 250 000 for damage suffered;
            
         
               5.
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The applicant, an official at the Commission, claims to be a victim of bullying by her superiors which consisted of isolating her professionally, discrediting her and damaging her health by psychologically destabilising her.
   By these proceedings she challenges, first, the Commission's implied refusal of her request for assistance and protection from bullying pursuant to Article 24 of the Staff Regulations and, second, her Career Development Report for the period from 1 January 2003 to 31 December 2003.
   The applicant also claims an infringement of Article 24 of the Staff Regulations, together with infringement of the duty to render assistance, the duty of sound administration and the duty to pay due regard to the welfare of employees.
   As regards the Career Development Report, she claims manifest errors of assessment and an infringement of procedural rules.