Judgment of the Court of First Instance (Fourth Chamber) 26 October 1993

In Case T-59/92,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber), composed of: C. W. Bellamy, President, H. Kirschner and A. Saggio, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 6 July 1993,

gives the following

Judgment

Facts and procedure

Forms of order sought

The claim that the Commission should be ordered jointly and severally to compensate the applicant, pursuant to the second paragraph of Article 24 of the Staff Regulations, for the initial harm allegedly caused to him by the publication of the press article in issue

Arguments of the parties

Findings of the Court

The claim seeking an order against the Commission for compensation for the damage allegedly caused by it through breach of its duty to provide assistance under the first paragraph of Article 24 of the Staff Regulations

Admissibility

The subject-matter of the various heads of claim

The pleas of inadmissibility raised by the Commission

The discrepancy between the subject-matter of the initial request for assistance and that of the subsequent complaint and application

— Arguments of the parties

— Findings of the Court

The absence of any act adversely affecting the applicant

— Arguments of the parties

— Findings of the Court

The imprecise and indeterminable nature of the subject of the complaint and of the application

— Arguments of the parties

— Findings of the Court

Substance

The merits of the claim for a declaration of service-related fault

Arguments of the parties

Findings of the Court

The merits of the claim for a declaration that the Commission is required to make good the damage caused by its breach of its duty to provide assistance and for an order that the Commission pay the sum of ECU 100000

Arguments of the parties

Findings of the Court

Costs

1 Language of the case: French.