Action brought on 21 October 2009 - Campailla v Commission

(Case T-429/09)

Language of the case: French

Parties

Applicant: Massimo Campailla (Boulogne-sur-Mer, France) (represented by: P. Goergen, lawyer)

Defendant: European Commission

Form of order sought

Order the Commission to make good damage suffered by the applicant as a result of the Commission's refusal to take measures following his complaint regarding the violation of his fundamental rights by the Cameroon authorities.

Pleas in law and main arguments

By the present action, the applicant seeks compensation for the damage allegedly suffered as a result of the Commission decisions, contained in letter D3 *3/2004/D/4809 of 30 July 2004 and in letter D3 D*3/2004/D/5438 of 9 September 2004, sent to the applicant, in which the Commission refused to take measures following his complaint regarding the violation of his fundamental rights by the Cameroon authorities.

In support of his action, the applicant raises pleas alleging the unlawfulness of the decision as a result of distortion the facts and misuse of powers and the infringement of provisions and principles of the EC Treaty and EU Treaty as well as fundamental rights guaranteed by the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (inter alia: principles of legal certainty, legitimate expectations, sound administration, non-discrimination, good governance, compliance with the essential procedural requirements, prohibition of inhuman and degrading treatment).

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