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Case T-48/05: Judgment of the Court of First Instance of 8 July 2008 — Franchet and Byk v Commission (Non-contractual liability — Civil service — Investigations by OLAF — Eurostat case — Communication to national judicial authorities of information relating to facts liable to lead to criminal proceedings — Lack of advance information for the officials concerned and the supervisory committee of OLAF — Leaks in the press — Disclosure by OLAF and the Commission — Breach of the principle of presumption of innocence — Non-material damage — Causal link)
ECLI:EU:UNKNOWN:62005TA0048
62005TA0048
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Official Journal of the European Union
(Case T-48/05)
(Non-contractual liability - Civil service - Investigations by OLAF - ‘Eurostat’ case - Communication to national judicial authorities of information relating to facts liable to lead to criminal proceedings - Lack of advance information for the officials concerned and the supervisory committee of OLAF - Leaks in the press - Disclosure by OLAF and the Commission - Breach of the principle of presumption of innocence - Non-material damage - Causal link)
(2008/C 209/75)
Language of the case: French
Parties
Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxembourg, Luxembourg) (represented by: G. Vandersanden and L. Levi, avocats)
Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)
Re:
APPLICATION for compensation for material and non-material damage allegedly suffered as a result of alleged wrongful acts on the part of the Commission and OLAF in the course of investigations relating to the ‘Eurostat’ case.
Operative part of the judgment
The Court:
1.Orders the Commission to pay Yves Franchet and Daniel Byk the sum of EUR 56 000;
2.Dismisses the remainder of the action;
3.Orders the Commission to pay the costs.
* * *
(1) OJ C 93, 16.4.2005.