Case F-146/07: Action brought on 29 December 2007 — Luigi Marcuccio v Commission of the European Communities
Date: 2007-12-29
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, disciplinary proceedings, duties of civil servants

8.3.2008

EN

Official Journal of the European Union

C 64/67

— Annul the decisions of the Commission of 23 August and
31 October 2007 rejecting complaints R/263/07, R/492/07
and R/390/07 brought against the decisions of the Commis-
sion to conclude contracts with or to renew the engagement
of the applicants as contract staff only for a fixed period;

— Annul

the decision of

the Commission of 5 September
2007 rejecting the applications of the applicants of 31 May
and 20 July 2007 seeking the extension for an indefinite
period of
the
contract staff;

the applicants' contracts as members of

the decision was

The applicant puts forward,
in support of his arguments
concerning the rejection by the defendant, the three following
pleas in law: (1) absolute lack of any statement of reasons, also
inconsistent, unreasonable,
that
confused, a mere pretext and relied on inadequate preparatory
inquiries; (2) serious, obvious and manifest infringement of law;
(3) breach of the duty to have regard for the welfare of officials
and of the principle of sound administration.

illogical,

— Annul the decisions of the Commission which lay down the
respective conditions of the employment of the applicants in
so far as their engagement or the extension thereof
is
limited to a fixed period;

— Order the defendant to pay the costs.

Action brought on 29 December 2007 — Luigi Marcuccio
v Commission of the European Communities

(Case F-146/07)

(2008/C 64/110)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by G.

Defendant: Commission of the European Communities

Subject-matter and description of the dispute

Action brought against the rejection by the defendant of the
applicant's request that it should carry out or conclude an inves-
tigation relating to the fact that on 29 October 2001, in the
premises of the European Commission's delegation in Angola
where he was employed as an official of the defendant, and
during working hours,
the applicant came accidentally into
contact with a whitish powder of unknown nature and that it
should provide him with any information as to what befell the
sample of
that powder and concerning the procedures for
keeping the sample and for gaining access to it.

Form of order sought by the applicant

— annul, in so far as necessary, the note dated 23 February

2007, prot. ADMINB.2/MB/nb D(07)4623;

— annul the decision, however framed, which constituted rejec-
tion by the defendant of the request of 10 October 2006
submitted by the applicant to the appointing authority;

— annul, in so far as necessary, the decision, however framed,
rejecting the complaint dated 27 April 2007 submitted by
the applicant to the appointing authority;

— annul, in so far as necessary, the note dated 4 September

2007 prot. ADMINB.2/MB/ls D(07) 19393;

for

— establish the fact that the defendant did not carry out, or did
not conclude, any suitable investigation,
including therein
any measures preparatory or consequential to such investiga-
the purpose of ascertaining any circumstance,
tion,
whether occurring earlier or later,
in any way whatsoever
connected with the fact that on 29 October 2001, in the
premises of
the European Commission's delegation in
Angola where he was at that time employed as an official of
the applicant
the defendant, and during working hours,
came accidentally into contact with a whitish powder of
unknown nature;

— establish and declare that the failure to conduct any investi-

gation was unlawful;

— order the defendant to carry out or conclude the investiga-
tion, to perform a series of relevant acts consequential upon
the latter, to supply the applicant with pieces of information
concerning the event of 29 October 2001 and to guarantee
the applicant access to the sample of dust;

— order the defendant to pay to the applicant, as indemnifica-
tion for that part of the damage already irreversibly caused
to date as a result of the failure to carry out the investiga-
tion, the sum of EUR 3 000 000, or such greater or lesser
sum as the Court of First Instance may consider just and
fair;

C 64/68

EN

Official Journal of the European Union

8.3.2008

— order the defendant to pay to the applicant, as indemnifica-
tion for that part of the damage arising hereafter from the
failure to carry out the investigation, the sum of EUR 300,
or such greater or lesser sum as the Court may consider just
and fair, for every day passing between tomorrow and the
day on which, when the investigation has been carried out
and all measures taken preparatory or consequential thereto,
communication is made to the applicant,
together with
suitable publicity, in the premises of the delegation and also
in the Development and External Relations Directorates-
General, of the conclusions of the investigation;

— assess the defendant's conduct before, during and after the
event of 29 October 2001 in any way connected to that
event, save only the failure to carry out an investigation;

— establish and declare that

the conduct

in question was

unlawful;

— order the defendant to pay to the applicant, by way of
indemnification of the damage caused by the conduct in
question, the sum of EUR 5 000 000 or such greater or
lesser sum as the Court may consider just and fair;

— order the EC to make reimbursement to the applicant of all
the costs, disbursements and fees involved in the proceed-
ings,
the
including those relating to the preparation of
party's expert's report which may be drawn up in order to
ascertain whether the conditions are met for the defendant
to be ordered to pay the applicant each of the abovemen-
tioned sums and, more generally, to ascertain any fact what-
soever of relevance for the purpose of the judgment to be
given in this case.

The subject-matter and description of the proceedings

Firstly, annulment of the decision of the Appeals Committee not
to promote the applicant to Grade A*11 in the 2005 promotion
year and, secondly, a claim for damages.

Form of order sought

— annul the applicant's 2005/06 evaluation report, including
Decision No 1/2007 of the Appeals Committee to confirm
that report, received by the applicant on 2 March 2007;

— annul the connected and subsequent decisions, in particular
the decision not to promote the applicant to Grade AD 11
in 2007;

— annul the decision of the restrictive meeting of the Court of
Auditors of 8 March 2007 to renew the term of office of Mr
Michel Hervé from 1 July 2007 for a period of six years;

— order the Court of Auditors to make good the non-material
damage suffered of EUR 10 000 and to make good the
material damage, consisting of the difference between the
salary received by the applicant since the effective date of
the last promotion decisions, announced on 3 April 2007,
and that to which he would have been entitled had he been
promoted on the effective date of those decisions;

— order the European Court of Auditors to pay the costs.

Action brought on 3 January 2008 — Marcuccio v
Commission

Action brought on 2 January 2008 — Nijs v Court of
Auditors

(Case F-1/08)

(2008/C 64/111)

Language of the case: French

Parties

(Case F-3/08)

(2008/C 64/112)

Language of the case: Italian

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Parties

Applicant: Bart Nijs (Béreldange, Grand Duchy of Luxembourg)
(represented by: F. Rollinger, lawyer)

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

Action brought against the defendant's decision refusing the
applicant's request to receive an Italian translation of a note
addressed to him and drafted in English.