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Case F-50/09: Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — Missir Mamachi di Lusignano v European Commission (Civil service — Officials — Action for damages — Rule of correspondence between request, complaint and action regarding compensation — Inter partes nature of proceedings — Use in judicial proceedings of a confidential document classified as ‘EU restricted’ — Non-contractual liability of the institutions — Liability for fault — Causal link — Plurality of causes of damage — Third party fault — Strict liability — Duty to provide assistance — Obligation on an institution to ensure the protection of its staff — Murder of an official and his spouse by a third party — Loss of a chance of survival)
ECLI:EU:UNKNOWN:62009FA0050
62009FA0050
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6.8.2011
Official Journal of the European Union
C 232/39
(Case F-50/09) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Officials - Action for damages - Rule of correspondence between request, complaint and action regarding compensation - Inter partes nature of proceedings - Use in judicial proceedings of a confidential document classified as ‘EU restricted’ - Non-contractual liability of the institutions - Liability for fault - Causal link - Plurality of causes of damage - Third party fault - Strict liability - Duty to provide assistance - Obligation on an institution to ensure the protection of its staff - Murder of an official and his spouse by a third party - Loss of a chance of survival)
(2011/C 232/66)
Language of the case: Italian
Parties
Applicant: Livio Missir Mamachi di Lusignano (Kerkhove-Avelgem, Belgium) (represented by: F. Di Gianni, R. Antonini and N. Sibona, lawyers)
Defendant: European Commission (represented by: L. Pignataro, B. Eggers and D. Martin, Agents)
Re:
Application for an order that the defendant pay a sum by way of reparation for material and non-material damage suffered by the applicant by reason of the murder of his son, a former official.
Operative part of the judgment
The Tribunal:
1.Dismisses the action;
2.Orders the extracts from the 2006 document on security standards and criteria, sent by the European Commission to the Tribunal in the course of proceedings, to be returned immediately to the European Commission in an envelope marked “confidential” and ‘classified restricted EU’.
3.Orders the European Commission to pay all the costs.
(<span class="oj-super">1</span>) OJ C 167, 18.7.2009, p. 27.