Action brought on 16 September 2011 — Missir Mamachi di Lusignano and Others v Commission

(Case T-494/11)

2011/C 331/53

Language of the case: Italian

Parties

Applicants: Livo Missir Mamachi di Lusignano (Kerkhove-Avelgem, Belgium), Anne Jeanne Cécile Magdalena Maria Sintobin (Brussels, Belgium), Stefano Missir Mamachi di Lusignano (Shanghai, China), Maria Letizia Missir Mamachi di Lusignano (Brussels, Belgium), Alessandro Missir Mamachi di Lusignano (heirs) (Rabat, Morocco) (represented by: F. Di Gianni, R. Antonimi and G. Coppo, lawyers)

Defendant: European Commission

Form of order sought

Pleas in law and main arguments

By the first plea in law, the Court is requested to order the Commission to pay compensation for the non-material damage unjustly suffered by the applicants as a result of the murder of Alessandro Missir Mamachi di Lusignano, former Commission official, and his wife, Ariane Lagasse de Locht. The applicants submit that the European Union has incurred non-contractual liability because the Commission negligently failed to ensure that the apartment made available to the murdered official and his family was equipped with appropriate and effective security devices suitable for the purposes of ensuring their safety. In support of their requests, the applicants rely on the conclusions reached in the judgment of the Civil Service Tribunal of 12 May 2011 in Case F-50/09.

In the alternative, on account of the totally exceptional nature of the case, the applicants submit that the Commission is liable for the damage caused on the grounds of unlawful conduct.