9.3.2013

EN

Official Journal of the European Union

C 71/29

(Case F-126/12)

2013/C 71/50

Language of the case: French

Parties

Applicant: ZZ (represented by: M. Boury, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application to annul the response to the complaint by which the applicant sought, firstly, the acknowledgement by the Commission that only certain documents in his personal administrative file may be transferred to the pre-trial judge at the Court of First Instance of Brussels, and, secondly, the finding of unlawfulness of the concealment from that Court of the decision of 2 February 2001.

Form of order sought

—Annul the Appointing Authority’s response of 24 August 2012 to complaint No R/367/12;

—acknowledge the unlawfulness of the concealment from the Belgian courts of his genuine administrative personal file, and of the Appointing Authority’s decision of 2 February 2001 and of all the documents relating to it, documents which were demanded from the Commission by the Belgian criminal courts;

—acknowledge the unlawfulness of the transfer to the Court of Brussels of confidential documents produced without any legal check, and outside the rules of the Staff Regulations, within the former Unit ADMIN B9 responsible for the administrative investigation opened on 2 February 2001 by the Appointing Authority, in infringement of the rules of the Staff Regulations;

—acknowledge the unlawfulness of the intervention in the investigation of his complaint to the Court of Brussels and with an objective which was detrimental to him by Commission officials who had neither the authority nor the competence to do so;

—acknowledge that throughout that case he, as well as his family, was a victim of serious infringements of his fundamental human rights and that he suffered serious professional, non-pecuniary and pecuniary damage which is reparable only with difficulty and that, therefore, he is entitled to obtain compensation for that damage.