Action brought on 25 June 2009 - Strack v Commission

(Case F-61/09)

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tetterborn, Lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the defendant's decision to refuse the applicant access to various files

Form of order sought

Annul the implied and express decisions by the defendant, in particular those regarding the access granted to various files on 12 September 2008, 3 October 2008 and 14 November 2008, the decision of Mr Jansen of 19 September 2008 and, in so far as necessary, the decision of 25 March 2009 on the rejection of complaint No R/554/08 made by the applicant, in so far as they refuse or restrict full access by the applicant to all available data and documents concerning him held by the defendant, and to complete personal, medical and other files maintained in accordance with correct procedures and uniform standards and in a language and form which are readily understandable and accessible for him - which therefore comply with Articles 26 and 26a of the Staff Regulations and have been completed as necessary to that end - and which thereby reject, at least in part, the applicant's requests of, inter alia, 10 July 2008, 19 September 2008 and 28 November 2008;

Order the defendant to pay to the applicant an appropriate sum in damages on account of the unlawful conduct described in this action, at a level to be fixed at the discretion of the court but which should amount to at least EUR 2 500;

Order the defendant to pay each month to the applicant a sum in damages from the time of service of this action until complete access is actually provided to all the data and documents which are the subject of this action and to his properly maintained personal and medical file, the sum to be paid each month to be fixed at the discretion of the court but which should amount to at least EUR 200;

Order the defendant to reimburse to the applicant the necessary costs and expenses incurred when inspecting the files on further occasions as required, on the same basis as the defendant's right to mission expenses, in the alternative to reimburse on the same basis those costs already incurred by the applicant as a result of his travel to Luxembourg on 12 September 2008 and 14 November 2008;

Order the Commission of the European Communities to pay the costs.

____________