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Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008.#M v European Ombudsman.#Non-contractual liability - Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State - Decision by the European Ombudsman concerning the handling of the complaint - Errors made by the Commission in its finding of instances of maladministration - Naming of the applicant - Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard - Non-material damage - Causal link.#Case T-412/05.
ECLI:EU:T:2008:397
62005TJ0412
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(Case T-412/05)
Non-contractual liability – Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State – Decision by the European Ombudsman concerning the handling of the complaint – Errors made by the Commission in its finding of instances of maladministration – Naming of the applicant – Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard – Non-material damage – Causal link
3. Non-contractual liability – Conditions – Sufficiently serious breach of a higher rule of law protecting individuals (Art. 288, second para., EC) (see paras 133-145)
Re:
ACTION under the second paragraph of Article 288 EC for compensation for damage suffered by the applicant as a result of being named in the decision of the European Ombudsman of 18 July 2002 concerning the complaint registered with the reference 1288/99/OV and as a result of the negligent conduct of the Ombudsman concerning the investigation of that complaint and the conclusions he reached in that decision.
Operative part
The Court:
1.Orders the European Ombudsman to pay Mr M compensation of EUR 10 000;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.