# C_2009055EN.01005202.xml

| 7.3.2009 | EN | Official Journal of the European Union | C 55/52 |
| --- | --- | --- | --- |

7.3.2009

EN

Official Journal of the European Union

C 55/52

---

Action brought on 15 December 2008 — Marcuccio v Commission

(Case F-102/08)

(2009/C 55/95)

Language of the case: Italian

Parties

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

Applicant:

Defendant: Commission of the European Communities

Defendant:

Subject-matter and description of the proceedings

Application for annulment of the Commission's decision to reject the applicant's request for, first, compensation for the damage suffered when the personal effects were dispatched from his official lodgings in Luanda and, second, the destruction of all the documents relating to the dispatched property in the defendant's possession and the restitution of that property to the applicant.

Form of order sought

| — | declare that there is no legal basis for or, in the alternative, annul the decision rejecting the request of 1 September 2007 and, in so far as is necessary, the decision rejecting the complaint of 20 March 2008; |
| --- | --- |

—

declare that there is no legal basis for or, in the alternative, annul the decision rejecting the request of 1 September 2007 and, in so far as is necessary, the decision rejecting the complaint of 20 March 2008;

| — | in so far as is necessary, declare that there is no legal basis for or, in the alternative, annul the note of 18 July 2008; |
| --- | --- |

—

in so far as is necessary, declare that there is no legal basis for or, in the alternative, annul the note of 18 July 2008;

| — | confirm that, on 30 April 2003 and 2 May 2003, members of the defendant's staff or its representatives entered the applicant's lodgings against his will, took photographs, drew up a list of the applicant's presumed personal effects, carried out an evaluation of each item on the list of personal effects, entered the applicant's motor vehicle, took possession of the applicant's personal effects and motor vehicle and evicted him from the lodgings and their appurtenances; |
| --- | --- |

—

confirm that, on 30 April 2003 and 2 May 2003, members of the defendant's staff or its representatives entered the applicant's lodgings against his will, took photographs, drew up a list of the applicant's presumed personal effects, carried out an evaluation of each item on the list of personal effects, entered the applicant's motor vehicle, took possession of the applicant's personal effects and motor vehicle and evicted him from the lodgings and their appurtenances;

| — | confirm and declare that such acts are unlawful; |
| --- | --- |

—

confirm and declare that such acts are unlawful;

| — | order the defendant to draw up a list accurately identifying each individual item of the documentation that is relevant to the abovementioned facts and to notify the applicant in writing of that list; |
| --- | --- |

—

order the defendant to draw up a list accurately identifying each individual item of the documentation that is relevant to the abovementioned facts and to notify the applicant in writing of that list;

| — | order the defendant to arrange for the physical destruction of each individual item of the documentation and to notify the applicant of that destruction; |
| --- | --- |

—

order the defendant to arrange for the physical destruction of each individual item of the documentation and to notify the applicant of that destruction;

| — | order the defendant to arrange for the applicant's personal effects to be restored to him; |
| --- | --- |

—

order the defendant to arrange for the applicant's personal effects to be restored to him;

| — | order the defendant to pay to the applicant the sum of EUR 722 000, or such greater or lesser sum as the Tribunal may consider fair and just, by way of compensation for the damage arising from facts referred to above; |
| --- | --- |

—

order the defendant to pay to the applicant the sum of EUR 722 000, or such greater or lesser sum as the Tribunal may consider fair and just, by way of compensation for the damage arising from facts referred to above;

| — | order the defendant to pay to the applicant, with effect from the date of the request of 1 September 2007 until the date of actual payment of the sum of EUR 722 000, interest on that sum; |
| --- | --- |

—

order the defendant to pay to the applicant, with effect from the date of the request of 1 September 2007 until the date of actual payment of the sum of EUR 722 000, interest on that sum;

| — | order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure to draw up the list of documentation and to notify the applicant of that list, with effect from tomorrow until the day on which the list is notified to the applicant, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just; |
| --- | --- |

—

order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure to draw up the list of documentation and to notify the applicant of that list, with effect from tomorrow until the day on which the list is notified to the applicant, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just;

| — | order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure physically to destroy the documentation, with effect from tomorrow until the day on which the documentation is physically destroyed, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just; |
| --- | --- |

—

order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure physically to destroy the documentation, with effect from tomorrow until the day on which the documentation is physically destroyed, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just;

| — | order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure to restore the applicant's personal effects to him, with effect from tomorrow until the day on which the effects are restored, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just; |
| --- | --- |

—

order the defendant to pay to the applicant, by way of compensation for the damage arising from the failure to restore the applicant's personal effects to him, with effect from tomorrow until the day on which the effects are restored, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

---