Action brought on 5 May 2006 - Mascheroni v Commission

(Case F-63/06)

Language of the case: Italian


Applicant: Luigi Mascheroni (Vergiate, Italy) (represented by: A. Vianello and G. Orelli, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Find and declare that the conduct of the applicant's hierarchical superior is unlawful.

Find and declare that such conduct is harmful and that the applicant suffered serious harm as a result thereof.

Declare that the applicant is entitled to be assisted by the Community in the proceedings that he intends to bring before the national court in respect of the harm suffered.

Order the defendant to pay the costs

Pleas in law and main arguments

In support of his action, the applicant claims that the conduct of his hierarchical superior was assessed by the appointing authority on the basis of unsubstantiated claims. The appointing authority moreover infringed various principles of law, such as the principles of non-discrimination, proportionality, non-abuse of powers, impartiality, objectivity, coherence, fairness and reasonableness.