ORDER OF THE CIVIL SERVICE TRIBUNAL (First Chamber)
19 December 2007
Case F-84/06
Luigi Marcuccio
v
Commission of the European Communities
(Civil service – Officials – Social security – Sickness insurance – Repayment of medical expenses – Express rejection of the application)
Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio, a former Commission official, seeks in particular annulment
of the implied decision by which the appointing authority rejected his requests of 20 June and 18 July 2005 for the 100% reimbursement
of various medical expenses under Article 72(1) of the Staff Regulations. The applicant further seeks an order that the Commission
pay him the difference between the total amount of medical expenses at issue and the amount which has already been reimbursed
to him in this respect, that is, the sum of EUR 89.56. Lastly, the applicant demands that 10% default interest with annual
capitalisation from 21 June 2005 be added to that sum.
Held: The Civil Service Tribunal declines jurisdiction in Case F-84/06 Marcuccio v Commission, in order that the Court of First Instance may hear and determine that case. The costs are reserved.
Summary
Procedure – Allocation of jurisdiction among the various Community Courts
(Statute of the Court of Justice, Annex I, Art. 8(3); Staff Regulations of Officials, Art. 72)
Where the Civil Service Tribunal is seised of a case against the refusal to grant an official the 100% reimbursement of medical
expenses to which he claims he is entitled on account of the mental illness from which he claims he is suffering, it is required,
under the second paragraph of Article 8(3) of Annex I to the Statute of the Court of Justice, to decline jurisdiction in favour
of the Court of First Instance where there are other cases pending before the Court of First Instance between the same parties,
founded on the same legal basis and also concerning the right to 100% reimbursement of medical expenses. Those various cases
constitute a single dispute and it is consistent with the sound administration of justice, which the provisions of Article
8(3) of Annex I to the Statute of the Court of Justice seek to ensure, to confer on one court only the power to determine
the whole of that dispute.
(see paras 8-16)