Judgment of the Court of First Instance of 4 October 2006 - Tillack v Commission
(Investigation by the European Anti-Fraud Office (OLAF) into the publication of confidential information - Suspicions of bribery and breach of professional secrecy - Communication to national judicial authorities of information relating to situations liable to lead to criminal proceedings - Search of the home and office of a journalist - Action for annulment - Admissibility - Action for damages - Causal link - Sufficiently serious breach)
Language of the case: English
Parties
Applicant: Hans-Martin Tillack (Brussels, Belgium) (represented by: I. Forrester QC, T. Bosly, C. Arhold, N. Flandin, J. Herrlinger and J. Siaens, lawyers)
Defendant: Commission of the European Communities (represented by: C. Docksey and C. Ladenburger, Agents)
Intervener in support of the applicant: International Federation of Journalists (IFJ) (Brussels, Belgium) (represented by: A. Bartosch and T. Grupp, lawyers)
Re:
APPLICATION, first, for the annulment of the act by which, on 11 February 2004, the European Anti-Fraud Office (OLAF) forwarded to the German and Belgian judicial authorities information concerning suspicions of breach of professional secrecy and bribery and, second, for damages in compensation for non-material injury suffered by the applicant as a result of the forwarding of that information and of the publication of press releases by OLAF.
Operative part of the judgment
The Court:
Dismisses the action;
Declares it unnecessary to give judgment on the request for the production of documents;
Orders the applicant to pay his own costs and the costs incurred by the Commission, including those relating to the interlocutory proceedings;
Orders the International Federation of Journalists to bear its own costs.
____________1 - OJ C 251, 9.10.2004.