Case F-2/06: Action brought on  5 January 2006  — Luigi Marcuccio v Commission of the European Communities
Date: 2006-04-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, administrative procedure, occupational accident, regulations for civil servants, social-security benefit

C 86/48

EN

Official Journal of the European Union

8.4.2006

Action brought on 5 January 2006 — Luigi Marcuccio v
Commission of the European Communities

Action brought on 3 February 2006 — Suleimanova v
Committee of the Regions

(Case F-2/06)

(2006/C 86/87)

(Language of the case: Italian)

(Case F-12/06)

(2006/C 86/88)

(Language of the case: French)

Parties

Applicant(s): Luigi Marcuccio (Tricase, Italy) (represented by: I.
Cazzato, avvocato)

Parties

Applicant: Karina Suleimanova (Brussels, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Committee of the Regions of the European Union

Defendant(s): Commission of the European Communities

Form of order sought

Form of order sought

The applicant(s) claim(s) that the Court should:

— Annul the decision closing the procedure for recognition of
the applicant's legal guarantees in particular under Article
73 of
the Staff Regulations in respect of an accident
sustained by the applicant on 10 September 2003.

— Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the application, the applicant submits first of all
that the contested decision is flawed by reason of manifest
inconsistency and a complete failure to state reasons. In fact,
even though on several occasions he had stated that he was
committed to pursuing the procedure intended to confer upon
him the benefits under Article 73 of the Staff Regulations and
that he was available to be examined by the doctor appointed
by the defendant, the defendant nevertheless found that the
applicant was not committed to pursuing the procedure in
question and therefore closed that procedure.

The applicant further alleges that the defendant infringed the
law, given that there is no rule requiring an official who was
the victim of an accident
to contact directly the doctor
appointed by the institution to fix an appointment.

Lastly, the applicant alleges that the defendant has infringed the
duty to have regard for the welfare of officials under Article 24
of the Staff Regulations, in that it failed to have due regard to
the interests of the applicant and acted in a manner inconsis-
tent with official duty.

The applicant claims that the Court should:

— Annul the decision to appoint the applicant an official of
the European Communities in so far as it sets her recruit-
ment grade pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— Order the Committee of the Regions to pay the costs.

Pleas in law and main arguments

As a successful candidate in a competition for which the notice
was published before 1 May 2004, the applicant was recruited
after the entry into force of Council Regulation (EC, Euratom)
No 723/2004 of 22 March 2004 amending the Staff Regula-
tions of officials of the European Communities and the Condi-
tions of Employment of other servants (1).

In her application, the applicant first submits that the contested
decision fails to take account of the legal framework set up by
the competition notice. She claims that, pursuant to Article 12
of Annex XIII to the Staff Regulations, she was recruited at a
grade lower than that mentioned in the competition notice.

that

The applicant also considers
the contested decision
infringes Articles 5, 29 and 31 of the Staff Regulations and the
principle of equal treatment and non-discrimination. Successful
candidates in the same competition or the same level of
competition were graded at different
levels depending on
whether they were recruited before or after the entry into force
of Regulation No 723/2004.

In addition, the applicant lastly alleges a breach of the principle
of the protection of legitimate expectations, inasmuch as she
reasonably expected to be recruited at the grade mentioned in
the competition notice to fill
the post for which she had
applied.

(1) OJEU L 124, 27.04.2004, p. 1