CELEX: 62005TA0412
Language: en
Date: 2008-09-24 00:00:00
Title: 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)

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
   (Case T-412/05) (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 - 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)
   (2008/C 285/62)
   Language of the case: French
   Parties
   
      Applicant: M (Brussels, Belgium) (represented initially by G. Vandersanden and A. Kalogeropoulos, then by A. Kalogeropoulos and L. Levi, lawyers)
   
      Defendant: European Ombudsman (represented by: J. Sant'Anna and G. Grill, 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 the Ombudsman concerning the investigation of that 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;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 48, 25.2.2006.