Non-contractual liability - Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State - Decision by the European Ombudsman concerning the handling of the complaint - Errors made by the Commission in its finding of instances of maladministration - Naming of the applicant - Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard - Non-material damage - Causal link.

Judgment of the Court of First Instance (Eighth Chamber) of 24 September 2008 – M v Ombudsman (Case T-412/05) Non-contractual liability – Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State – Decision by the European Ombudsman concerning the handling of the complaint – Errors made by the Commission in its finding of instances of maladministration – Naming of the applicant – Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard – Non-material damage – Causal link 1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute (Art. 288 EC; Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 43-48) 2.                     European Ombudsman – Duty to comply with the principle of confidentiality – Duty not to name persons not subject to his jurisdiction (see paras 126-133) 3.                     Non-contractual liability – Conditions – Sufficiently serious breach of a higher rule of law protecting individuals (Art. 288, second para., EC) (see paras 133-145) 4.                     Non-contractual liability – Conditions – Real and certain damage caused by an illegal act (Art. 288, second para., EC) (see paras 146-158) Re: ACTION under the second paragraph of Article 288 EC for compensation for damage suffered by the applicant as a result of being named in the decision of the European Ombudsman of 18 July 2002 concerning the complaint registered with the reference 1288/99/OV and as a result of the negligent conduct of the Ombudsman concerning the investigation of that complaint and the conclusions he reached in that decision. Operative part The Court: 1. Orders the European Ombudsman to pay Mr M compensation of EUR 10 000; 2. Dismisses the action as to the remainder; 3. Orders each party to bear its own costs.