Notice for the OJ

 

Action brought on 25 February 2004 by Jamal Ouariachi against the Commission of the European Communities

(Case T-82/04)

(Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 25 February 2004 by Jamal Ouariachi, residing in Rabat (Morocco), represented by France Blanmailland, lawyer.

The applicant claims that the Court should:

order the defendant to pay a lump sum of EUR 150 000 to the applicant as compensation for the non-material damage which he has sustained;

order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant, who has both Moroccan and Spanish nationality and resides in Morocco, has been divorced since 2000 and has visiting rights in respect of his two children, who are in their mother's custody. In 2002, the mother took the children to Sudan where, according to the applicant, she was joining a Commission official then working at the European Union Delegation in Khartoum, Sudan.

The applicant claims that, in order to be able to take the children away from their father and leave Moroccan territory to go to Sudan, his ex-wife had an invitation from the European Union Delegation in Khartoum, and that it is on the basis of that invitation that the Sudanese consulate issued a visa.

Furthermore, the applicant claims that the official in question usurped the applicant's identity by signing the two children's school reports.

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