# C_2010134EN.01005401.xml

| 22.5.2010 | EN | Official Journal of the European Union | C 134/54 |
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22.5.2010

EN

Official Journal of the European Union

C 134/54

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Action brought on 25 February 2010 — Marcuccio v Commission

(Case F-14/10)

2010/C 134/90

Language of the case: Italian

Parties

Parties

Applicant: Luigi Marcuccio (Tricase, Lecce, Italy) (represented by: G. Cipressa, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for a declaration that a procedure for recognition of partial invalidity was of excessive duration and an order that the defendant pay compensation for the damage suffered by the applicant.

Form of order sought

Form of order sought

| — | Annul the Commission’s decision rejecting the request of 30 January 2009. |
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Annul the Commission’s decision rejecting the request of 30 January 2009.

| — | Annul the measure rejecting the complaint of 20 July 2009 against the decision rejecting the request of 30 January 2009. |
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Annul the measure rejecting the complaint of 20 July 2009 against the decision rejecting the request of 30 January 2009.

| — | In so far as necessary, annul note ADMIN.B.2/MB/ls D(09) 29562 of 6 November 2009 received by the applicant on 16 December 2009. |
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In so far as necessary, annul note ADMIN.B.2/MB/ls D(09) 29562 of 6 November 2009 received by the applicant on 16 December 2009.

| — | In so far as necessary, confirm that the procedure for ensuring that the applicant was afforded the legal guarantees under Article 73 of the Staff Regulations of Officials of the European Communities in connection with an accident sustained by him on 12 September 2003 continued for over five years. |
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In so far as necessary, confirm that the procedure for ensuring that the applicant was afforded the legal guarantees under Article 73 of the Staff Regulations of Officials of the European Communities in connection with an accident sustained by him on 12 September 2003 continued for over five years.

| — | In so far as necessary, declare that the duration of the procedure in question was unreasonable. |
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In so far as necessary, declare that the duration of the procedure in question was unreasonable.

| — | Order the Commission to pay compensation for the material and non-material damage unjustly suffered by the applicant in connection with the unreasonable duration of the procedure in question, in the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may consider just and equitable. |
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Order the Commission to pay compensation for the material and non-material damage unjustly suffered by the applicant in connection with the unreasonable duration of the procedure in question, in the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may consider just and equitable.

| — | Order the Commission to pay to the applicant, with effect from the date following that on which the request of 30 January 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation. |
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Order the Commission to pay to the applicant, with effect from the date following that on which the request of 30 January 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation.

| — | Order the Commission to pay the costs. |
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Order the Commission to pay the costs.

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