This document is an excerpt from the EUR-Lex website
Document 62005TJ0412
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 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 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.
European Court Reports 2008 II-00197*
ECLI identifier: ECLI:EU:T:2008:397
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. |