Action brought on 4 November 2009 - Ernotte v Commission

(Case F-90/09)

Language of the case: French

Parties

Applicant: Frédéric Ernotte (Brussels, Belgium) (represented by: L. Defalque, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Action for an order against the Commission to make good the material and non-material loss which the applicant suffered as a result of the procedure for handling his case concerning the recognition of the accidental origin of the infarct which he suffered.

Form of order sought

order the Commission to pay to the applicant the sum of EUR 96 579.175 (increased by default interest calculated using the base rate fixed by the European Central Bank for its main refinancing operations increased by two percentage points, from 1 January 2006) as compensation for the material loss he suffered as a result of the off-handedness and the unreasonable period in which the Commission handled its case concerning the recognition of the accidental origin of the infarct which he suffered on 28 August 2002;

award damages for the non-material loss suffered by the applicant assessed provisionally ex aequo et bono at EUR 5 000, subject to that figure being increased or decreased in the course of the proceedings;

order the European Commission to pay the costs.

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