25.11.2019

EN

Official Journal of the European Union

C 399/86

(Case T-654/19)

(2019/C 399/105)

Language of the case: French

Parties

Applicant: FF (represented by: A. Fittante, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—find that the European Commission has interfered with his right to honour, his right to personal and family life, his right to protect his personal image and his right to dignity by using his image without his permission as one of the photographs proposed by the Commission to be used as health warnings to be included on the packaging of tobacco products in accordance with Commission Delegated Directive 2014/109/EU;

—order that the use of the photograph at issue within the European Union cease immediately and that all tobacco products that are available for sale in the various establishments authorised to sell such products and contain the applicant’s image be withdrawn;

—grant the applicant the right to increase his claim for compensation for non-material and financial damage after the issuance of an expert’s report requested in a separate action and the communication by the European Commission of the amount of packaging sold in the European Union with the image at issue;

—order the European Commission to pay the costs and the expenses relating to the proceedings, while noting that the applicant has sought legal aid.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of his fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, which grants to each person a right to respect for one’s dignity and the right to respect for one’s private and family life.