Case F-42/08: Action brought on 31 March 2008 — Marcuccio v Commission
Date: 2008-03-31
Institutions: Civil Service Tribunal
Subjects: Angola, European Commission, action by staff, facsimile, personal data

21.6.2008

EN

Official Journal of the European Union

C 158/27

Subject-matter and description of the proceedings

Action brought on 31 March 2008 — Marcuccio v
Commission

Annulment of the applicant's career development report for the
period from 1 January 2006 to 31 December 2006.

Form of order sought

— Annul the applicant's career development report (REC/CDR)

for the reference period 1.1.2006 to 31.12.2006;

Parties

(Case F-42/08)

(2008/C 158/50)

Language of the case: Italian

— Order the Commission of the European Communities to

pay the costs.

Applicant: Luigi Marcuccio (Tricase,
Cipressa, avvocato)

Italy)

(represented by: G.

Action brought on 31 March 2008 — Lebedef v
Commission

(Case F-39/08)

(2008/C 158/49)

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (repre-
sented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of several decisions relating to the deduction of
32 days of the applicant's leave entitlement for the year 2007.

Form of order sought

— Annul the decisions of 29 May 2007, 20 June 2007, 28 June
2007 and 6 July 2007, two decisions of 26 July 2007 and
the decision of 2 August 2007 relating to the deduction of
32 days of the applicant's leave entitlement for the year
2007;

— Order the Commission of the European Communities to

pay the costs

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Confirmation of the fact that, on 18 March 2002, the Delega-
tion of the European Commission in Angola despatched by fax
a note, dated 18 March 2002 and addressed to the applicant, to
a tele-fax machine which was neither under the applicant's
control nor at his disposal; confirmation of the unlawful nature
of that action; and an order directing the defendant to pay the
sum of EUR 100 000 by way of damages.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the decision — in whatever form — rejecting the

application dated 8 March 2007;

— annul, in so far as is necessary, the decision — in whatever
form — rejecting the complaint dated 10 September 2007;

— annul, in so far as is necessary, the note dated 9 January

2008;

— confirm that, on 18 March 2002, the Delegation of the
European Commission in Angola despatched by fax a note,
dated 18 March 2002 and addressed to the applicant, to a
tele-fax machine identified by the telephone/fax number
+39.0833.54xxxx, and confirm and declare that that action
was unlawful;

— order the defendant to pay the applicant, by way of compen-
sation for past and present damage suffered in relation to
the act which gave rise to the damage and caused by that
act, the sum of EUR 100 000 — or, in the alternative, what-
ever sum, greater or smaller, that the Tribunal considers to
be fair and just — together with compound interest, at the
rate of 10 % per annum, calculated from the date of the
application dated 8 March 2007 until the date of satisfac-
tion;

— order the defendant to reimburse the applicant in respect of
all costs, charges and fees incurred in the proceedings,
including those relating to the drawing up of an expert's
report, which may prove necessary for the purposes of veri-
fying that there is sufficient evidence to justify ordering the
defendant to pay the applicant the abovementioned sums, as
well as the existence of any other fact relevant
for the
purposes of deciding the present dispute.