Judgment of the Court of First Instance of 5 July 2005 in Case T-9/04 Luigi Marcuccio v Commission of the European Communities (Officials — Social security benefits — Accident — Article 73 of the Staff Regulations — Admissibility — Statement of reasons)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, occupational accident, regulations for civil servants

3.9.2005

EN

Official Journal of the European Union

C 217/39

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 July 2005

of 6 July 2005

in Case T-9/04 Luigi Marcuccio v Commission of the Euro-
pean Communities (1)

in Case T-148/04 TQ3 Travel Solutions Belgium SA v
Commission of the European Communities (1)

(Officials — Social security benefits — Accident — Article
73 of the Staff Regulations — Admissibility — Statement of
reasons)

(Public service contracts — Community tendering procedure
— Provision of travel agency services for travel undertaken
by officials and agents of the institutions)

(2005/C 217/86)

(Language of the case: Italian)

(2005/C 217/87)

(Language of the case: French)

In Case T-9/04: Luigi Marcuccio, official of the Commission of
the European Communities, residing in Tricase (Italy), repre-
sented by M. Di Stefano and A. Distante,
lawyers, against
Commission of the European Communities (Agents: J. Currall
and C. Berardis-Kayser, assisted by A. Dal Ferro, lawyer, with
an address for service in Luxembourg) — application primarily
for annulment of the Commission's implied decision rejecting
the application submitted by the applicant on 3 December
2002 with a view to securing acknowledgment of an accident
under Article 73 of the Staff Regulations of Officials of the
European Communities — the Court of First Instance (First
Chamber), composed of J.D. Cooke, President, I. Labucka and
V. Trstenjak,
J. Palacio González, Principal Admin-
strator, for the Registrar, gave a judgment on 5 July 2005, in
which it:

Judges;

1. Annuls

the Commission's decision rejecting the application
submitted by the applicant on 3 December 2002 with a view to
securing acknowledgment of an accident under Article 73 of the
Staff Regulations of Officials of the European Communities.

for

In Case T-148/04: TQ3 Travel Solutions Belgium SA, estab-
lished in Mechelen (Belgium), initially represented by R. Ergec
and K. Möric, and then by B. Lissoir, lawyers, against Commis-
sion of the European Communities (Agents: L. Parpala and E.
Manhaeve, with an address
service in Luxembourg),
supported by Wagon-Lits Travel SA, established in Brussels
(Belgium), represented by F. Herbert and H. Van Peer, lawyers,
and D. Harrison, Solicitor, with an address for service in
Luxembourg — application both for annulment of
the
Commission's decisions not to award to the applicant lot No 1
of the contract covered by Notice No 2003/S 143 129409 for
the provision of travel agency services but to award that lot to
another undertaking and also for damages to compensate for
the loss suffered by the applicant following the rejection of its
Instance (Second Chamber),
tender — the Court of First
composed of J. Pirrung, President, N.J. Forwood and S. Papa-
savvas, Judges; J. Palacio González, Principal Administrator, for
the Registrar, gave a judgment on 6 July 2005, in which it:

2. Dismisses the claims for the Court to order measures of inquiry.

1. Dismisses the application;

3. Declares the remainder of the application inadmissible.

4. Orders the Commission to pay the costs.

2. Orders the applicant to pay the costs incurred by the Commission
and the intervener, including those of the proceedings on the appli-
cation for interim measures.

(1) OJ C 85, 3.4.2004

(1) OJ C 179, 10.7.2004