# C_2012025EN.01004302.xml

| 28.1.2012 | EN | Official Journal of the European Union | C 25/43 |
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28.1.2012

EN

Official Journal of the European Union

C 25/43

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Appeal brought on 1 December 2011 by Luigi Marcuccio against the judgment of the General Court (Fourth Chamber) delivered on 14 September 2011 in Case T-236/02 Marcuccio v Commission

(Case C-617/11 P)

(2012/C 25/81)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought

| — | Set aside the judgment of 14 September 2011 in Case T-236/02 in so far as it rejected the claims seeking compensation and reparation made by the appellant in his written submissions at first instance; |
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Set aside the judgment of 14 September 2011 in Case T-236/02 in so far as it rejected the claims seeking compensation and reparation made by the appellant in his written submissions at first instance;

| — | Order the Commission to pay the costs and allow in their entirety and without any exception whatsoever the claims seeking compensation and reparation; |
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Order the Commission to pay the costs and allow in their entirety and without any exception whatsoever the claims seeking compensation and reparation;

| — | In the alternative, refer the case back in part to the General Court for a fresh decision on the claims seeking compensation and reparation. |
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In the alternative, refer the case back in part to the General Court for a fresh decision on the claims seeking compensation and reparation.

Pleas in law and main arguments

| — | Errors of procedure so serious as to damage irreparably the interests of the appellant; |
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Errors of procedure so serious as to damage irreparably the interests of the appellant;

| — | total failure to state grounds, as well irrational, tautological, illogical and inconsistent reasoning, and misinterpretation and misapplication of Annex X to the Staff Regulations of Officials of the European Union, of the rules on the interpretation of laws and of the conditions governing the liability of a European Union institution for payment of compensation for damage; |
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total failure to state grounds, as well irrational, tautological, illogical and inconsistent reasoning, and misinterpretation and misapplication of Annex X to the Staff Regulations of Officials of the European Union, of the rules on the interpretation of laws and of the conditions governing the liability of a European Union institution for payment of compensation for damage;

| — | confused and arbitrary reasoning and distortion and misrepresentation of the facts; |
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confused and arbitrary reasoning and distortion and misrepresentation of the facts;

| — | distortion and misrepresentation of the facts and misinterpretation and misapplication of the rules on the admissibility of documents instituting proceedings. |
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distortion and misrepresentation of the facts and misinterpretation and misapplication of the rules on the admissibility of documents instituting proceedings.

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