Notice for the OJ

 

Action brought on 4 January 2005 by Guido Strack against the Commission of the European Communities

(Case T-4/05)

(Language of the case: German)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 4 January 2005 by Guido Strack, residing in Wasserliesch (Germany), represented by R. Schmitt, lawyer.

The applicant claims that the Court should:

annul both the decision of 5 February 2004 to close the OLAF investigation OF/2002/0356 and the final case report on which that decision was based (NT/sr D(2003)-AC-19723-01687 of 5 February 2004);

order the Commission to reopen the investigation, draw up a new final case report and pay all the costs of the judicial proceedings and all other expenses.

Pleas in law and main arguments

The applicant, who is a Commission official, informed the Director General of the European Anti-Fraud Office (OLAF) that, while performing his duties at the Official Publications Office, he had become of aware of facts indicating the existence of serious irregularities. The investigation opened by OLAF on the basis of that information was closed by the contested decision.

The applicant submits, first of all, that his action is admissible because the contested decision has binding legal effect on him in that it deprives him of the status of "whistleblower".

In support of his action, he submits that OLAF failed to investigate fully the facts of which it had been informed and adopted an arbitrary decision.

____________