Case F-116/07: Action brought on 8 October 2007 — Tomas v Parliament
Date: 2007-10-08
Institutions: Civil Service Tribunal
Subjects: European Parliament, European civil service, action by staff, professional career, regulations for civil servants, unfair dismissal

8.3.2008

EN

Official Journal of the European Union

C 64/65

Re:

the

EPSO's decision of
annulment of
Application for
14 December 2006 not to ask the applicant to fill out an appli-
cation form with a view to his possible admission to a competi-
tion and for compensation for the damage he has suffered.

authority, infringement of several provisions of the Staff Regula-
tions of Officials of the European Communities and infringe-
ment of Article 19 of the European Code of Good Administra-
tive Behaviour, infringement of the principles applicable to the
rights of the defence and to good administration and infringe-
ment of the Parliament's duty to have regard for the welfare of
officials.

Operative part of the order

1. The application is dismissed as manifestly inadmissible.

2. Each party shall bear its own costs.

Action brought on 25 October 2007 — Marcuccio v
Commission

Action brought on 8 October 2007 — Tomas v Parliament

(Case F-116/07)

(2008/C 64/107)

Language of the case: Lithuanian

Parties

(Case F-122/07)

(2008/C 64/108)

Language of the case: Italian

Parties

Applicant: Stanislovas Tomas (Kerkrade, Netherlands)
sented by: M. Michalauskas, lawyer)

(repre-

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Defendant: European Parliament

Form of order sought

Form of order sought

— Annul the decision of the appointing authority to dismiss
the applicant to the extent that it has not been annulled by
the decision to reject the complaint, or annul the decision to
reject the complaint to the extent that it has not annulled
the dismissal decision;

— Order the defendant to pay to the applicant the sum of
EUR 125 000 as compensation for the non-material and
material damage suffered by the applicant;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant seeks annulment of the decision by which the
appointing authority decided to dismiss him and compensation
for
In support of his action, he
contends that there has been abuse of office by the appointing

the damage he suffered.

— set aside memorandum RELEX.K.4 D(2006) 522434 of

30 November 2006;

— set aside memorandum D(2007) 502458 of 15 February

2007;

— set aside the decision closing the investigation into the inci-
dent of 6 September 2001 when the applicant sought the
assistance of the security service of the European Commis-
sion delegation in Angola for the purpose of replacing a tyre
on his car;

— set aside the defendant's decision, howsoever drawn up, to
reject the request of 1 September 2006 which the applicant
had forwarded to the appointing authority;

— set aside, to the extent necessary, memorandum ADMIN.B.2/

MB/nb D(07) 16072 of 16 July 2007;

— set aside, to the extent necessary, the decision, howsoever
drawn up, to reject the complaint of 26 march 2007 which
the applicant had forwarded to the appointing authority;