ORDER OF THE COURT (Seventh Chamber)
9 December 2009
Case C-528/08 P
Luigi Marcuccio
v
European Commission
(Appeal – Officials – Social security – Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official – Order of declining jurisdiction from the Civil Service Tribunal – Appeal in part manifestly inadmissible and in part manifestly unfounded)
Appeal: brought against the order of the General Court (Fourth Chamber) in Case T-144/08 Marcuccio v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which the General Court dismissed as inadmissible an action for annulment of
the decision to refuse the appellant’s request for 100% reimbursement of certain medical expenses, and seeking an order that
the Commission pay the appellant the amount of EUR 89.56 as a supplementary reimbursement of his medical expenses or as compensation
for loss.
Held:  The appeal is dismissed. Mr Marcuccio is ordered to pay the costs of the appeal.
Summary
Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted
(Art. 225 EC; Statute of the Court of Justice, Art. 58)