25.6.2011

EN

Official Journal of the European Union

C 186/36

(Case F-49/11)

2011/C 186/68

Language of the case: English

Parties

Applicant: ZZ (represented by: B. Rohde-Liebenau, advocate)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision of the European Commission refusing the applicant's request to take out certain documents from his medical file and a claim for damages.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

—Annul the decision of 17 January 2011 by the AIPN (No R/588jlO);

—order the Commission to make a payment to the applicant as reimbursement for medical costs in the amount of 363,23 EUR;

—order the Commission to provide access to the complete personal file including all medical files to the applicant's named doctor,

—or alternatively by sending it to the legal representative of the applicant in this procedure;

—or alternatively, by providing access to a copy of the entire file;

—or alternatively, by providing electronic access to the entire file;

—order the Commission to declare that no parallel or additional personal or medical files exist;

—or alternatively, order the Commission to delete any such additional files and any copies thereof,

—or alternatively, order the Commission to insert their full content in the regular personal file (or its medical file);

—order the Commission to pay a compensation for the damage suffered on account of the infringement of his fundamental rights undermining his honour and reputation in an amount deemed appropriate ex aequo et bono by the Tribunal and according to its precedents, but not less than one yearly net income of the applicant at the time of his regular service for the defendant immediately preceding the incident of 2000;

—order the Commission to make a payment to the applicant of a lump sum of 717 863,04 EUR equal to eight times his annual basic salary calculated on the basis of the amounts of salary received during the twelve months before the accident in accordance with Article 73(2b) of the Staff Regulations;

—or alternatively a fraction thereof, as deemed appropriate by the Tribunal ex aequo et bono;

—order the Commission to pay the costs.