Order of the Court (Tenth Chamber) of 3 October 2013 — Marcuccio v Commission

(Case C‑617/11 P)

‛Appeal — Assignment — Automatic transfer — Decision to reassign an official from a third country to the Commission headquarters in Brussels (Belgium) — Decision annulled by the General Court after referral back by the Court of Justice — Compensation for the harm purportedly suffered as a result of the annulment of a decision to reassign’

1. Officials — Remuneration — Emoluments applicable to officials serving in a third country — Allowance for living conditions — Conditions for granting (Staff Regulations of Officials, Annex X, Art. 10) (see paras 30, 31, 33)

2. Appeals — Grounds — 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. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 41)

3. Judicial proceedings — Introduction of new pleas during the proceedings — Ground raised after the application has been lodged — Inadmissibility (Rules of Procedure of the General Court, Arts 44(1), and 48(2)) (see para. 45)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 14 September 2011 in Case T‑236/02 Marcuccio v Commission, by which that court dismissed, in part, first, an application for annulment of the decision of the European Commission of 18 March 2002 to reassign the appellant from the Commission Delegation in Luanda (Angola) to the Directorate General for Development in Brussels (Belgium), of all preliminary, connected or consecutive measures, in particular those relating to the recruitment of another official to occupy his post, of the Commission’s notes of 13 and 14 November 2001 and of the opinion or opinions of the External Service Steering Committee, and, second, a claim for allowances in connection with his duties in Angola and damages for harm suffered — Rights of the defence — Failure to state reasons — Distortion of the facts.

Operative part

1. The appeal is dismissed.

2. Mr Luigi Marcuccio is ordered to pay the costs.

Order of the Court (Tenth Chamber) of 3 October 2013 — Marcuccio v Commission

(Case C‑617/11 P)

‛Appeal — Assignment — Automatic transfer — Decision to reassign an official from a third country to the Commission headquarters in Brussels (Belgium) — Decision annulled by the General Court after referral back by the Court of Justice — Compensation for the harm purportedly suffered as a result of the annulment of a decision to reassign’

1. Officials — Remuneration — Emoluments applicable to officials serving in a third country — Allowance for living conditions — Conditions for granting (Staff Regulations of Officials, Annex X, Art. 10) (see paras 30, 31, 33)

2. Appeals — Grounds — 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. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 41)

3. Judicial proceedings — Introduction of new pleas during the proceedings — Ground raised after the application has been lodged — Inadmissibility (Rules of Procedure of the General Court, Arts 44(1), and 48(2)) (see para. 45)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 14 September 2011 in Case T‑236/02 Marcuccio v Commission, by which that court dismissed, in part, first, an application for annulment of the decision of the European Commission of 18 March 2002 to reassign the appellant from the Commission Delegation in Luanda (Angola) to the Directorate General for Development in Brussels (Belgium), of all preliminary, connected or consecutive measures, in particular those relating to the recruitment of another official to occupy his post, of the Commission’s notes of 13 and 14 November 2001 and of the opinion or opinions of the External Service Steering Committee, and, second, a claim for allowances in connection with his duties in Angola and damages for harm suffered — Rights of the defence — Failure to state reasons — Distortion of the facts.

Operative part

1. The appeal is dismissed.