Case F-86/07: Action brought on 25 August 2007 — Marcuccio v Commission
Date: 2007-10-20
Institutions: Civil Service Tribunal
Subjects: Angola, Commission Delegation, European Commission, action by staff, damage, indemnification, psychological harassment

C 247/44

EN

Official Journal of the European Union

20.10.2007

According to the applicant, the Appointing Authority did not
provide any information to explain the refusal to promote her
and thus infringed the obligation to state reasons. Furthermore,
the contested decision is based on the decision, which is the
subject-matter of Case F-44/07 (1), to allocate the applicant only
one merit point. Lastly, the applicant alleges infringement of
Article 1d of the Staff Regulations of Officials of the European
Communities.

— annul, so far as necessary, the note dated 23 April 2007, ref.
ADMINB.2/MB/ade D(2007) 8725, rejecting the applicant's
complaint of 27 December 2006 against the contested deci-
sion and the note of 9 October 2006;

— annul, so far as necessary, the note of 27 September 2005,

ref. ADMIN/IDOC/GC/eh D(2005) 22005;

(1) OJ C 155 of 7.7.2007, p. 45.

Action brought on 25 August 2007 — Marcuccio v
Commission

(Case F-86/07)

(2007/C 247/72)

Language of the case: Italian

Parties

— ascertain the reality of the actions and conduct complained
of in the applicant's claim of 10 July 2006, declaring them
to be unlawful, or, in the alternative, order the Commission
to carry out an investigation without delay;

— order the Commission to communicate the results of such
investigation without delay and in writing, giving them
suitable publicity and making them available to the public;

— order the Commission forthwith to destroy the original and
all copies of the archive note dated 14 August 2001, headed
‘Conduite professionnelle de M. Luigi Marcuccio, conseiller
économique à la délégation en Angola’, and to notify the
applicant in writing of that destruction;

— order the Commission to pay the applicant the sum of
EUR 1 520 000, or such other sum as the Tribunal may
consider just, in compensation for damage suffered by the
applicant to date;

implementation of

— order the Commission to pay the applicant, from tomorrow
until final
the
applicant, the daily sum of EUR 1 000, or such other sum
as the Tribunal may consider just, to be paid on the first day
of each month in arrear, in respect of damage suffered by
the applicant during the period between tomorrow and the
date of implementation.

judgment in favour of

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

— order the Commission to pay the costs.

Defendant: Commission of the European Communities

Form of order sought

— annul the decision (‘the contested decision’),

in whatever
form, by which the Commission rejected the applicant's
claim of 10 July 2006 for compensation for damage caused
to him by the unlawful actions and conduct, particularly
psychological harassments, perpetrated by the Commission's
servants during the applicant's assignment to the Commis-
sion delegation in Angola;

— annul, so far as necessary, the note dated 9 October 2006,

prot. PMO.3/MLP/mc D(2006) 9277;

Pleas in law and main arguments

Absolute failure to state reasons, and illogicality, inconsistency,
irrationality, confusion and pretexts in the reasons put forward
by the Commission; (2) serious and manifest breach of the law;
(3) infringement of the duty to pay due regard to the welfare of
officials and of the duty of sound administration.