Case T-18/04: Judgment of the Court of First Instance of 10 June 2008 — Marcuccio v Commission (Social Security — Application for assumption of responsibility for medical expenses — Implied rejection of the application)
Date: 2008-06-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, health care

C 183/18

EN

Official Journal of the European Union

19.7.2008

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 10 June 2008 —
Ceuninck v Commission

Judgment of the Court of First Instance of 10 June 2008 —
Marcuccio v Commission

(Case T-282/03) (1)

(Case T-18/04) (1)

(Staff cases — Officials — Appointment — Post of adviser to
OLAF — Rejection of candidature — Powers of the Director-
General of OLAF — Validity of vacancy notice — Breach of
the rules for appointing officials in Grades A4 and A5 —
Misuse of powers — Manifest error of assessment)

(Social Security — Application for assumption of responsi-
the
bility for medical expenses — Implied rejection of

application)

(2008/C 183/37)

Language of the case: Italian

(2008/C 183/36)

Language of the case: French

Parties

Applicant: Paul Ceuninck (Hertsberge, Belgium) (represented by:
then G.
initally G. Vandersanden and A.
Vandersanden and L. Levi, lawyers)

Finchelstein,

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and C. Berardis-Kayser, Agents)

Re:

an application for

the entire procedure pursuant

annulment of Vacancy Notice
First,
COM/051/02 and of
to that
notice and, second, an application for annulment of the decision
appointing Ms S taken by the Appointing Authority on
13 September 2002 and of the implied decision rejecting the
applicant's candidature.

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: initi-
ally A. Distante, then G. Cipressa, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and J. Curral, Agents, assisted by
A. Dal Ferro, lawyer)

Re:

First, an application for annulment of the Appointing Authori-
ty's implied decision rejecting the applicant's application of
25 November 2002 for reimbursement of 100 % of medical
expenses under Article 72 of the Staff Regulations of Officials
the European Communities, secondly, an application for
of
the implied decision rejecting the applicant's
annulment of
complaint
application of
25 November 2002, thirdly, an application for a declaration of
the applicant's entitlement, under Article 72 of the Staff Regula-
the medical expenses
tions,
the diseases from which he
incurred in the treatment
suffered and,
the
Commission pay 100 % of those medical expenses.

fourthly, an application for an order that

to reimbursement of 100 % of

rejection of

against

the

the

for

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Annuls the implied rejection of the application of 25 November

2002;

2. Orders Mr. Paul Ceuninck and the Commission to bear their own

costs.

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

(1) OJ C 251 of 18.3.2004.

(1) OJ C 71 of 20.3.2004.