Judgment — ECLI:EU:T:2017:751
Date: 2017-10-25
Language of the case: Italian
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - successful;Staff cases - successful

Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission (Case T-551/16) 1 (Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm) Language of the case: Italian Parties Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented initially by: M Velardo, and subsequently by: L. Gialluca, lawyers) Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer) Re: Action brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20% of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered. Operative part of the judgment The Court: Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20% of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease; Orders the Commission to pay Mr Lucaccioni compensation of EUR 5 000 in respect of the non-pecuniary harm caused; Dismisses the remainder of the action; Orders the Commission to pay the costs. ____________ 1 OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal under number F-74/15 and transferred to the General Court of the European Union on 1.9.2016).