# C_2011232EN.01003502.xml

| 6.8.2011 | EN | Official Journal of the European Union | C 232/35 |
| --- | --- | --- | --- |

6.8.2011

EN

Official Journal of the European Union

C 232/35

---

Appeal brought on 6 June 2011 by Luigi Marcuccio against the order of the Civil Service Tribunal of 16 March 2011 in Case F-21/10 Marcuccio v Commission

(Case T-286/11 P)

(2011/C 232/62)

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the General Court should:

| — | Set aside in its entirety and without exception the order under appeal; and |
| --- | --- |

—

Set aside in its entirety and without exception the order under appeal; and

| — | grant all the appellant’s claims in the proceedings at first instance; |
| --- | --- |

—

grant all the appellant’s claims in the proceedings at first instance;

| — | order the Commission to reimburse the appellant in respect of the costs incurred by him in the proceedings at first instance under appeal; |
| --- | --- |

—

order the Commission to reimburse the appellant in respect of the costs incurred by him in the proceedings at first instance under appeal;

or, in the alternative:

| — | refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision on each of the claims referred to above. |
| --- | --- |

—

refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision on each of the claims referred to above.

Pleas in law and main arguments

In support of the appeal, the appellant relies on two pleas in law.

| 1. | First plea, alleging absolute failure to state reasons concerning the claim for damages.






  — | The following are alleged in this regard: failure to conduct a proper investigation, distortion of the facts, incorrect and unreasonable interpretation and application of the rules of law relating to the incurring of Aquilian liability on the part of the institutions of the European Union, of the concept of the duty to state reasons incumbent on all European Union institutions and the European Union judicature and of the concept of unlawful conduct on the part of a European Union institution. |
| --- | --- | --- |

1.

First plea, alleging absolute failure to state reasons concerning the claim for damages.

—

The following are alleged in this regard: failure to conduct a proper investigation, distortion of the facts, incorrect and unreasonable interpretation and application of the rules of law relating to the incurring of Aquilian liability on the part of the institutions of the European Union, of the concept of the duty to state reasons incumbent on all European Union institutions and the European Union judicature and of the concept of unlawful conduct on the part of a European Union institution.

| 2. | Second plea, alleging that the ruling of the court at first instance on costs was unlawful.






  — | It is submitted in particular in this connection that an order that a party to proceedings reimburse costs to the Civil Service Tribunal pursuant to Article 94 of the Rules of Procedure of that court can be justified only on the basis of facts closely connected with the case in question and not on the basis of alleged conduct on the part of that party in other cases. |
| --- | --- | --- |

2.

Second plea, alleging that the ruling of the court at first instance on costs was unlawful.

—

It is submitted in particular in this connection that an order that a party to proceedings reimburse costs to the Civil Service Tribunal pursuant to Article 94 of the Rules of Procedure of that court can be justified only on the basis of facts closely connected with the case in question and not on the basis of alleged conduct on the part of that party in other cases.

---