Action brought on 22 October 2007 - Strack v Commission

(Case F-121/07)

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

Annul the decisions of the European Commission of 12 January 2007, 26 February 2007 and 20 July 2007 to the extent that they deny the applicant immediate and comprehensive access to all data and documents in the defendant's possession concerning him. That means, at the present moment and in their current versions, transmission of complete, preferably electronic, copies of the following documents, or, in the alternative, an unrestricted right to examine the abovementioned data and documents and to make copies thereof and notes thereon:

his official personal file, in accordance with the requirements of Article 26 of the Staff Regulations, and all additional parallel files - including electronic ones (for example, Sysper 2);

all documents relating to the procedure and decisions concerning the assessments made of him and his promotions since 1 January 2002;

the OLAF files in Case OF/2002/0356;

the files in the proceedings concerning his application of 7 March 2005;

the report drawn up by the Investigation and Disciplinary Office (IDOC) in those proceedings, the IDOC files on which that report was based and all other documents in the possession of IDOC which concern or refer to the complainant;

his medical file, which the Commission must provide in readable form;

all other medical documents, reports and other similar material held by the Commission;

all other files, documents and correspondence in the Commission's possession relating to the facts set out in this case and/or individual procedures, that is to say, including the procedure in the complaints brought before the Ombudsman and the European Data Protection Supervisor (EDPS);

Order the European Commission to pay the applicant an appropriate amount by way of damages, at least EUR 10 000, for non-material damage and damage to his health caused to him by the decisions the annulment of which is sought in these proceedings, plus interest, from the time at which the action was brought, at a rate of 2% per year above the main refinancing operations rate fixed by the European Central Bank for the period in question;

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

Pleas in law and main arguments

In support of his application, the applicant invokes a breach of the duty of care towards officials, a breach of the principle of sound administration, a misuse of the power of assessment or an error in the exercise thereof in the contested decisions. In addition, the decisions also infringe the second sentence of the second paragraph of Article 25, the seventh paragraph of Article 26 and Article 26a of the Staff Regulations and infringe the applicant's rights under Article 255 EC, Regulation No 1049/2001 and the fundamental right to self-determination in regard to information, taken together with Regulation No 45/2001.

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