Case F-133/06: Action brought on 11 July 2007 — Marcuccio v Commission
Date: 2007-09-22
Institutions: Civil Service Tribunal
Subjects: Angola, European Commission, European official, action by staff, breach of domicile, fundamental rights, protection of privacy

C 223/18

EN

Official Journal of the European Union

22.9.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 11 July 2007 — Marcuccio v
Commission

Pleas in law and main arguments

(Case F-133/06)

(2007/C 223/32)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Form of order sought

— declare that there is no legal basis for or, in the alternative,
annul the decision rejecting the applicant's application of
31 August 2005 to the Appointing Authority for
the
restoration to him of the property which was formerly situ-
ated at the accommodation provided to him by his employer
in Angola and which was wrongfully seized by the Commis-
sion;

— declare that there is no legal basis for or, in the alternative,
annul
the
Appointing Authority of 20 July 2006 rejecting the appli-
cant's complaint against the contested decision;

is necessary the decision of

in so far as

In support of his arguments,
following three pleas in law:

the applicant

relies on the

(1) absolute failure to state reasons, also on the basis that the
reasons put forward by the defendant are illogical, inconsis-
tent, confusing and in the nature of a pretext;

(2) serious and manifest infringement of the law;

(3) breach of the obligation to have due regard to the welfare of

officials and of the principle of sound administration.

Action brought on 10 July 2007 — Marcuccio v
Commission

(Case F-18/07)

(2007/C 223/33)

Language of the case: Italian

Parties

— order the defendant to restore the applicant's property to

him;

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

— order

the defendant

to pay the applicant

the sum of
EUR 1 000 000, or such other sum as the Tribunal may
consider just and equitable, by way of compensation for the
damage to the applicant deriving from the contested deci-
sion from the date of the request of 31 August 2005 or, in
the alternative, from the date of the contested decision to
the present date;

— order the defendant to pay the applicant, in respect of each
day from the present date until the date on which each deci-
sion granting fully and unconditionally the request of
31 August 2005 is implemented by the defendant, the sum
of EUR 300 or such other sum as the Tribunal may consider
just and equitable, to be paid on the first day of each month
in respect of rights accrued during the previous month, by
way of compensation for the damage deriving from the
contested decision and arising in the abovementioned
period;

— order the defendant to pay the costs.

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of 25 October 2005 issued by the Joint
Sickness Insurance Scheme of the European Communities
by which the defendant rejected the claim of 11 October
2005 brought by the applicant for recognition within the
meaning and for the purposes of Article 72 of the Staff
Regulations and the Rules on Sickness Insurance for Officials
of the European Communities; that he has a serious illness

— annul,

is necessary,

in so far as

the
the decision of
ref.
Appointing Authority of 30 November 2005,
ADMIN.B.2/MB/nb D(06) 27556,
the
in part,
complaint dated 23 August 2006 brought by the applicant
against and for the annulment of the contested decision;

rejecting,