Order — ECLI:EU:F:2008:133
Date: 2008-11-04
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Costs;Starting point and calculation
Procedure: Staff cases;Action for damages

Summary 1. Officials – Actions – Time-limits – Point from which time starts to run – Notification – Definition (Staff Regulations, Art. 91(3)) 2. Procedure – Costs – Costs caused unreasonably or vexatiously (Rules of Procedure of the Court of First Instance, Art. 87(3), second para.; Rules of Procedure of the Civil Service Tribunal, Art. 122) 1. The notification of a decision rejecting a complaint in a language which is neither the mother tongue of the official nor that in which the complaint was drafted is lawful provided that the person concerned is able to have effective knowledge of it. (see para. 42) See: T-118/99 Bonaiti Brighina v Commission [2001] ECR-SC I‑A‑25 and II‑97, para. 17 F‑51/05 and F‑18/07 Duyster v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 57 2. It is appropriate to apply the second paragraph of Article 87(3) of the Rules of Procedure of the Court of First Instance, applicable mutatis mutandis to cases pending before the Civil Service Tribunal before the entry into force of its own Rules of Procedure on 1 November 2007, and to order the official to bear all the costs, since he insisted on obstructing the administration by refusing to cooperate with it, and by choosing to initiate proceedings without any justification. (see paras 55, 56, 58) See: T-241/03 Marcuccio v Commission [2006] ECR-SC I‑A‑2‑111 and II‑A‑2‑517, para. 65 F-40/06 Marcuccio v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 50, currently the subject of an appeal before the Court of First Instance, Case T‑46/08 P