Action brought on 26 June 2009 - Strack v Commission

(Case F-62/09)

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 reject the applicant's complaint of 27 November 2008 as unfounded and to reject the applicant's claim for damages

Form of order sought

Annul the implied rejection by the European Commission of 8 November 2008 of the applicant's request of 8 May 2008, and in so far as necessary in relation to this plea in law or the fourth plea in law, also annul the Commission's decision on the complaint of 27 March 2009;

Order the defendant to pay an appropriate sum in damages amounting to at least EUR 15 000 in respect of the delays and damage caused by the Commission's earlier unlawful conduct in relation to the appraisal and promotion procedures and also by the failure to comply with Cases T-85/04 and T-394/04 by the time at which this action was brought;

Order the defendant, in addition, with regard to the similar additional damage caused, to pay appropriate damages of at least EUR 10 per day, from the day following the bringing of the action until the day on which there is full and lawful compliance with Cases T-85/04 and T-394/04 by lawful completion of the appraisal and promotion procedures concerning the applicant to which those cases refer, equal to the payment of the full surrogate damages which would be payable in the event of acceptance of the fifth plea-in-law below;

Order the defendant, on account of the untrue allegations made in the defendant's letter of 27 March 2009 which go beyond the mere rejection of the complaint by impugning his dignity and professional reputation, to pay damages to the applicant amounting to at least EUR 5 000;

Order the defendant, on account of its sole responsibility for having prevented the appraisal and promotion procedure concerning the applicant from being lawfully carried out, to pay the defendant an appropriate sum in surrogate damages of at least EUR 25 000;

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

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