28.6.2021

EN

Official Journal of the European Union

C 252/32

(Case T-257/21)

(2021/C 252/43)

Language of the case: Italian

Parties

Applicant: Giorgio Basaglia (Milan, Italy) (represented by: G. Balossi, F. Fimmanò and G. Borriello, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should order the European Commission to pay compensation for the damage suffered by Mr Giorgio Basaglia for the reasons referred to in the application, by way of damages for non-contractual liability, in an amount not lower than EUR 5 013 328,64.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law and a chapter concerning the quantification of the damage suffered.

As regards the non-contractual liability in the present case, the applicant remarks that:

by its judgment of 23 September 2020 (Case T-727/19, Basaglia v Commission), the Court annulled the decision of the European Commission rejecting the request for access to documents submitted by the applicant;

that judgment, in particular, confirmed that the Commission’s conduct was unlawful since it had unilaterally restricted the applicant’s right to access the requested documents;

clear damage resulted from that unlawful conduct in the criminal proceedings pending against the applicant and in the proceedings before the Court of Auditors concerning losses to the public purse — since in all three sets of proceedings it was impossible for the applicant to set out his defence in full; and

there is a clear causal link between the misconduct and the alleged damage.