Case T-296/05: Action brought on 28 July 2005 — Luigi Marcuccio v Commission of the European Communities
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), health insurance

15.10.2005

EN

Official Journal of the European Union

C 257/13

Action brought on 28 July 2005 — Luigi Marcuccio v
Commission of the European Communities

Action brought on 29 July 2005 by IPK International —
World Tourism Marketing Consultants v Commission

(Case T-296/05)

(2005/C 257/25)

(Case T-297/05)

(2005/C 257/26)

Language of the case: Italian

Language of the case: German

Parties:

Parties:

Applicant: Luigi Marcuccio (Trifase/Italy) [represented by: Ales-
sandro Distante, lawyer]

Applicant(s):
Consultants GmbH (Munich, Germany)
Prieß, lawyer, M. Niestedt, lawyer, and C. Pitschas, lawyer)

IPK International — World Tourism Marketing
(represented by H.-J.

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought:

Form of order sought:

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision rejecting the application addressed by

the applicant to the Joint Sickness Insurance Scheme;

— order the defendant to pay to the applicant as reimburse-
ment of the additional sum of up to 100 % of the medical
expenses borne by him, and which he seeks to have reim-
bursed by the Joint Scheme, in the period 4 January 2002
to 19 May 2004, that being the difference between what
has already been paid to the applicant by way of reimburse-
ment of medical expenses and 100 % of those expenses, i.e.
the sum of EUR 2 572.32, or whatever lesser of greater
sum the Court may see fit to award under this head;

— order the defendant to pay the applicant statutory interest

at the rate of 10 %;

— order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant in this case challenges the defendant's refusal to
reimburse at 100 % the medical expenses he has borne.

In support of his claims, the applicant alleges infringement of
Article 72 of the Staff Regulations and breach of the duty to
have regard to officials' welfare and of the principle of proper
administration, and a complete lack of a statement of reasons
and a manifest error of assessment.

— annul the Commission's decision of 13 May 2005 (ENTR/
01/Audit/RVDZ/ss D(2005) 11382) to cancel the decision
to grant financial assistance to the applicant in the sum of
ECU 530 000 within the framework of the ECODATA-
Project of 4 August 1992 (003977/XXIII/A3 — S92/DG/
ENV8/LD/kz);

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments:

The Commission granted the applicant financial assistance in
the sum of ECU 530 000 on 4 August 1992 in order to set up
a database for ecological tourism in Europe. That decision was
cancelled by the defendant by the contested decision of 13 May
2005.

The applicant submits that the contested decision is unlawful.
The applicant states in the grounds of its complaint that the
conditions for cancelling a decision have not been met, since
the factors relied on by the Commission in order to justify its
decision are unfounded in law and moreover it is no longer
possible to cancel the decision to grant financial assistance on
account of the amount of time that has elapsed. The applicant
further asserts that the contested decision is in breach of the
principle of good administration and the principle of the duty
to state reasons pursuant to Article 253 EC. Finally, the appli-
cant complains that there has been an infringement of the
prohibition on reissuing decisions which have been declared
void.