Action brought on 8 August 2005 - Fermont v Commission

(Case T-307/05)

Language of the case: French

Parties

Applicant: Alain Fermont (Kraainem, Belgium) (represented by: L. Kakiese, lawyer, and N. Luzeyemo, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

order the European Commission to procure the cessation of the highly damaging machinations against the applicant of the two officials complained about both of whom are infringing the rules of the Staff Regulations;

make a declaration that the duty to protect legitimate expectations has been infringed;

make a declaration that the applicant has suffered and experienced psychological harassment on the part of the two officials complained about;

order the European Commission, for failing to act in the face of the highly damaging machinations of the two officials against the applicant, to pay EUR 5 040 000 for non-material, physical and material damage.

Pleas in law and main arguments

The applicant in this case had concluded a contract of employment with the Centre for the Development of Undertakings (CDU), a structure dependent on the Group of ACP States. As part of the performance of that contract, the applicant's task was to implement the harmonisation of the health authorities and the monitoring of fishing in Sao Tomé and Principe and in the Gulf of Guinea.

The applicant alleges, first of all, that the defendant impeded the performance of his functions.

The applicant also alleges infringement of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents, and of the provisions of the Staff Regulations prohibiting psychological harassment and enshrining the duty of independence.

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