28.1.2012

EN

Official Journal of the European Union

C 25/71

(Case F-119/11)

(2012/C 25/138)

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the implied decision of the Commission rejecting the applicant’s claim for (i) compensation for the damage purportedly sustained on account of the fact that agents of the Commission entered his official lodgings in Luanda on 14, 16 and 19 March 2002 and (ii) communication to him of the copies of the photographs taken on that occasion and the destruction of all documentation relating to that event

Form of order sought

The applicant claims that the Civil Service Tribunal should:

—declare legally non-existent — or, in the alternative, annul — the decision, whatever the form in which it was adopted, by which the Commission rejected the claim of 6 September 2010 sent by the applicant to the appointing authority of the Commission;

—quatenus oportet, declare legally non-existent — or, in the alternative, annul — the measure, whatever the form in which it was adopted, by which the Commission rejected the complaint against the decision rejecting the claim of 6 September 2010 and the application of 20 March 2011 for annulment of that decision;

—confirm in each case as fact that agents or delegates of the Commission, or delegates of agents of the Commission, acted as follows on 14 March 2002, on 16 March 2002 and on 19 March 2002, against the wishes of the applicant that none of the following should take place at any time whatsoever, and without the applicant being informed, even briefly, and indeed without the applicant being aware that any of the following occurred: (i) they entered treacherously, on a number of occasions, the official lodgings assigned to the applicant earlier by the Commission and located in Luanda (Angola), in the Bairro Azul area, at 101-103 Rua Americo Julio de Carvalho, either by breaking and entering or by means of keys either retained unlawfully or in some way unlawfully used; and (ii) took photographs inside the aforementioned lodgings;

—confirm the unlawful nature of each of the facts giving rise to damage;

—declare that each of the facts giving rise to the damage in question is unlawful;

—order the Commission to carry out the physical destruction of the photographs;

—order the Commission to notify the applicant in writing that the physical destruction of the photographs has been carried out, at the same time providing the applicant with an abundance of substantive detail in that regard, including, in particular, the date on which the physical destruction was carried out, the place where this was done, and the person who performed the act of physical destruction;

—order the Commission to make available to the applicant, by way of compensation for the damage in question, the sum of EUR 20 000, or such greater or lesser sum as the Civil Service Tribunal may deem to be just and fair, that is to say: (i) EUR 10 000 for the damage caused by the unlawful entry of his lodgings on 14 March 2002, 16 March 2002 and 19 March 2002; and (ii) EUR 10 000 for the damage caused by the unlawful taking of photographs;

—order the Commission to make available to the applicant, with effect from the day following that on which the claim of 6 September 2010 arrived at the Commission and until the date of actual payment of the sum of EUR 20 000, the interest on that sum, applied at the rate of 10 % per annum and with annual capitalisation;

—order the Commission to pay the costs.