This document is an excerpt from the EUR-Lex website
Document 62012TN0405
Case T-405/12: Action brought on 10 September 2012 — FH (*) v Commission
Case T-405/12: Action brought on 10 September 2012 — FH (*) v Commission
Case T-405/12: Action brought on 10 September 2012 — FH (*) v Commission
SL C 331, 27.10.2012, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
27.10.2012 |
EN |
Official Journal of the European Union |
C 331/32 |
Action brought on 10 September 2012 — FH (*1) v Commission
(Case T-405/12)
(2012/C 331/61)
Language of the case: French
Parties
Applicant: FH (*1) (represented by: É. Boigelot and R. Murru, lawyers)
Defendant: European Commission
Form of order sought
— |
Declare the action admissible and well-founded; |
— |
Consequently,
|
Pleas in law and main arguments
In support of the action for annulment, the applicant relies on the following three pleas in law.
1. |
The first plea in law alleges infringement of the following principles: the duty to state reasons, the protection of legitimate expectations and the rights of the defence, the applicant having been informed orally of the contested decision withdrawing with immediate effect the documents giving him access to Commission buildings and that decision being referred to only in the minutes of a meeting between the applicant and the Commission’s human resources and security department. The applicant claims that the contested decision does not refer to the factors which led the Commission to take such a decision and that the legal basis of the decision was communicated to the applicant by an erratum issued after the decision took effect. |
2. |
The second plea in law alleges infringement of the principle of the presumption of innocence, in so far as it would appear that the only basis for the contested decision is an interview held by the Belgian police with the applicant in the course of an enquiry of which he is not the object but which concerns a childhood friend with whom he telephoned from time to time. |
3. |
The third plea in law alleges infringement of the principle of proportionality, the Commission having denied the applicant access to Commission buildings although no charges had been laid against him and he is not the object of the police investigation in question. |
(*1) Information erased or replaced within the framework of protection of personal data and/or confidentiality.