Case F-20/07: Action brought on 27 June 2007 — Marcuccio v Commission
Date: 2007-09-22
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, medical examination, redemption, regulations for civil servants, universal health coverage

22.9.2007

EN

Official Journal of the European Union

C 223/19

— declare that there is no legal basis for or, in the alternative,
annul, in so far as is necessary and if it actually exists, which
is uncertain at this stage, the alleged opinion of the relevant
medical board referred to in the note dated 30 November
2006, the details of which are unknown to the applicant;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his claims, the applicant relies on the following
three pleas in law:

(1) absolute failure to state reasons, also on the basis that the
grounds put forward by the defendant are illogical, inconsis-
tent, tautologous, confused, show a failure to make preli-
minary inquiries and are in the nature of a pretext;

(2) manifest error of assessment and 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.

the decision of the Appointing Authority in response to the
claim of 7 August 2006, which has essentially the same
purpose as the present action;

— order the defendant to pay the applicant, by way of reimbur-
sement of the additional sum needed to make up 100 %
reimbursement of the medical expenses incurred by him and
in respect of which he claimed reimbursement from the
Joint Scheme in the claim of 31 March 2006, the difference
between the sum of EUR 720,45 paid by the applicant and
the sum of EUR 396,36 actually reimbursed to him, or
other such sum as the Tribunal may consider just and equi-
table in that regard, such sum to earn interest from 8 April
2006 at the rate of 10 % per annum to be compounded
annually, or at the rate to be compounded and from the
starting date which the Tribunal may consider just;

— order the defendant, in so far as is necessary, to pay the
applicant the sum that he is due but has not received, within
the meaning and for the purposes of point 4 of Article XV
of Annex I to the Rules, in relation to the medical examina-
tion carried out on 28 September 2005, such sum to earn
interest from 4 April 2006 at the rate of 10 % per annum
to be
to be
compounded and from the starting date which the Tribunal
may consider just;

compounded annually, or

rate

the

at

Action brought on 27 June 2007 — Marcuccio v
Commission

(Case F-20/07)

(2007/C 223/34)

Language of the case: Italian

Parties

— order the defendant to pay the costs.

Pleas in law and main arguments

The action is brought as a result of the defendant's refusal to
pay the applicant the additional sum needed to make up 100 %
reimbursement of certain medical expenses incurred by him and
to apply point 4 of Article XV of Annex I to the Rules on sick-
ness insurance for officials of the European Communities to the
determination of the reimbursement in respect of a medical
examination carried out on 28 September 2005.

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

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

the applicant

relies on the

Defendant: Commission of the European Communities

Form of order sought

— annul, in so far as is necessary, the decision rejecting the
claim of 31 March 2006, submitted on 4 April 2006, in so
far as that decision concerns the applicant's claim that point
4 of Article XV of Annex I to the Rules on sickness insur-
ance for officials of the European Communities (‘the Rules’)
should apply to the determination and subsequent reimbur-
sement in respect of a medical examination carried out on
28 September 2005;

— annul the decision rejecting the claim of 31 March 2006;

— annul,

in so far as is necessary, Calculation No 58, List

No 30001052, of 24 May 2006;

— annul,

in so far as is necessary, Note ADMIN.B.2/MB/nb
D(06) 27556 of 30 November 2006 containing, inter alia,

(1) absolute failure to state grounds also by reason of a total
failure to make preliminary inquiries, inasmuch as it cannot
be understood why the defendant refused the applicant's
claims in the manner referred to above;

(2) manifest error of assessment and infringement of the law on
the basis that the applicant's medical condition was such as
to give rise, within the meaning and for the purposes of
Article 72 of the Staff Regulations, to a right on his part to
100 % reimbursement of medical expenses;

(3) breach of the obligation to have due regard to the welfare of
officials and of the principle of sound administration, given
that the defendant failed to have due regard to the appli-
cant's interests and did several acts and related deeds which
are gravely unlawful.