ORDER OF THE CIVIL SERVICE TRIBUNAL
(First Chamber)
10 November 2009
Case F-70/07
Luigi Marcuccio
v
Commission of the European Communities
(Civil service – Officials – Action for damages – Availability of a parallel remedy – Manifestly inadmissible)
Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks, in particular, an order that the Commission pay compensation
for the harm allegedly suffered as a result of its refusal to reimburse him the recoverable costs purportedly incurred in
Case T‑176/04.
Held: The first, second, third and sixth heads of claim in the action must be dismissed as manifestly inadmissible. Each party is
to bear its own costs relating to the first, second, third and sixth heads of claim in the applicant’s action, including those
incurred in T‑176/04 DEP.
Summary
Procedure – Costs – Taxation – Purpose
(Art. 236 EC; Rules of Procedure of the Court of First Instance, Art. 92(1); Staff Regulations, Art. 91)
The legislature has introduced a special procedure for the taxation of costs where the parties disagree on the amount and
nature of the recoverable costs following a judgment or order by which the Court of First Instance brought proceedings to
an end and made an order as to the costs. Furthermore, that special procedure, laid down in Article 92(1) of the Rules of
Procedure of the Court of First Instance, concerning the taxation of costs, excludes any claim for the same sums, or sums
expended for the same purposes, in connection with proceedings alleging non‑contractual liability of the Community. Thus an
applicant may not bring an application, on the basis of Article 236 EC and Article 91 of the Staff Regulations, which has,
in reality, the same subject-matter as an application for taxation of costs.
(see paras 16-17)
See:
T‑351/03 Schneider Electric v Commission [2007] ECR II‑2237, para. 297