25.6.2011

EN

Official Journal of the European Union

C 186/34

(Case F-44/11)

2011/C 186/65

Language of the case: Italian

Parties

Applicant: ZZ (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for an order that the Commission pay the applicant a sum by way of compensation for the damage which the applicant claims to have suffered because of the Commission's Medical Officer’s request to the applicant’s doctor to provide certain information.

Form of order sought

—Declare that there is no legal basis for or, in the alternative, annul the decision, in whatever form, rejecting the request in the applicant’s memorandum of 6 March 2010;

—in so far as is necessary, declare that there is no legal basis for or, in the alternative, annul the measure, in whatever form, in which the Commission rejected the complaint of 3 September 2010;

—in so far as is necessary, declare that Dr M., while an official of the European Commission: (a) asked Dr. U. to inform her whether the applicant ‘is currently receiving psychopharmacological treatment (neuroleptics, antidepressants) and if so what kind, or what other type of therapy he is receiving’; (b) informed Dr. U. that ‘in accordance with the provisions of the Staff Regulations, applicable to all officials of the European Commission, Mr [ZZ] has been officially resident in Brussels from 1 April 2002 and no longer in Angola, as decided by [his] superiors. and officially notified to his patient’;

—in so far as is necessary, find that each of the acts giving rise to the damage in question is unlawful, in particular as regards the cumulative effect of those acts;

—in so far as is necessary, declare that each of the acts giving rise to the damage in question is unlawful, in particular as regards the cumulative effect of those acts;

—order the Commission to pay without delay to the applicant the sum of EUR 10 000, together with the interest on that sum, at the rate of 10 % per year, with annual capitalisation, starting from 5 July 2010, or such sum, including all additional amounts, as the Tribunal may consider fair and just in order to compensate the applicant for the damage in question;

—order the Commission to pay the costs.