Notice for the OJ
Action brought on 21 July 2003 by "Z" against the Commission of the European Communities
(Case T-259/03)
Language of the Case: Greek
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 21 July 2003 by "Z", resident in Athens, Greece, represented by Vasilios Christianos, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
(order the defendant to pay to her by way of damages, with interest from the time at which the damage or harm arose, the sum of EUR 900 000, comprising EUR 700 000 for non-material damage which she has suffered and EUR 200 000 for harm suffered to her health;
(order the defendant to pay the applicant's costs.
Pleas in law and main arguments
An investigation in relation to the applicant was ordered and carried out by the European Anti-Fraud Office (OLAF). After the investigation had been completed, certain items appeared in the European press referring to the applicant and the investigation of her, such that the applicant considers them disparaging and offensive. In addition, OLAF issued a press release concerning the investigation and also included a reference to it in its annual activity report. Although she was not referred to by name in the documents made public by OLAF, the applicant considers that the information which was given made it particularly easy to identify her, so that it was clear who was in question. Also, after the investigation had been completed, the applicant requested OLAF to disclose to her the file which it had drawn up on her, its final report and any other information concerning what its findings were on the accusations against her. However, OLAF refused to disclose anything at all to her.
The applicant seeks, by her action, compensation for the non-material damage and harm to her health which she claims to have suffered for the abovementioned reasons. She pleads in support of her action:
( Infringement by OLAF of the second subparagraph of Article 12(3) of Regulation No 1073/1999,
1 in conjunction with Directive 95/46
2 and Regulation No 45/2001.
3 The applicant submits that it follows, on reading the foregoing provisions in conjunction with each other, that OLAF is obliged, when publishing reports of its activities, to provide information in such a way that the identity of the person to whom the investigation relates is not revealed, directly or indirectly.
( Infringement by OLAF of Article 8(2) of Regulation No 1073/1999 in that it accepted or acquiesced in, and ultimately allowed, the leaking of information to the press regarding the investigation in relation to the applicant.
( Infringement of Article 8(2) and (3) of Regulation No 1073/1999 which, in the applicant's submission, prohibits OLAF from publishing press releases relating to investigations which it carries out.
( Infringement by OLAF of Articles 4(1) and (2) and 6 of Regulation No 1073/1999, of Article 4 of Decision 99-50 of the Court of Auditors of 16 December 1999, and of the more general obligation to observe the right to good administration in accordance with Article 41 of the Charter of Fundamental Rights of the European Union, since it refused to disclose to the applicant the file on her and its final report and thus denied her any possibility of exercising her rights of defence effectively.
____________1 - (Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ No L 136, 31.5.1999, p. 1). 2 - (Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ No L 281, 23.11.1995, p. 31).3 - (Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ No L 8, 12.1.2001, p. 1).