CELEX: 62005TA0048
Language: en
Date: 2008-07-08 00:00:00
Title: 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)

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/44
            
         Judgment of the Court of First Instance of 8 July 2008 — Franchet and Byk v Commission
   (Case T-48/05) (1)
   
   (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)
   (2008/C 209/75)
   Language of the case: French
   Parties
   
      Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxembourg, Luxembourg) (represented by: G. Vandersanden and L. Levi, avocats)
   
      Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)
   Re:
   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 investigations relating to the ‘Eurostat’ case.
   Operative part of the judgment
   The Court:
   
               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.