JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 May 2005

in Case T-144/03, Nadine Schmit v Commission of the European Communities (1)

(Community officials - Mental harassment - Duty to assist - Obligation to state reasons - Non-inclusion of documents in personnel file)

(2005/C 171/28)

Language of the case: French

In Case T-144/03, Nadine Schmit, official of the Commission of the European Communities, residing in Ispra (Italy), represented by P.-P. Van Gehuchten and P. Jadoul, lawyers, with an address for service in Luxembourg, v Commission of the European Communities (Agents: J. Currall and L. Lozano Palacios, assisted by D. Waelbroeck and U. Zinsmeister, lawyers, with an address for service in Luxembourg), — action for annulment of the Commission's decision of 11 July 2002 refusing to withdraw certain allegedly defamatory documents from the applicant's personnel file, denying the existence of libellous statements about her and denying any harm resulting from the staff reports and promotion years and, if necessary, action for annulment of the Commission's decision of the same day refusing to register the applicant's 'pre-litigation claim' lodged by the applicant on 28 June 2002 — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, J. Azizi and E. Cremona, Judges, H. Jung, Registrar, has given a judgment on 4 May 2005, in which it:

(1)  OJ C 171 of 19.7.2003