Case F-73/08: Action brought on 25 August 2008 — Marcuccio v Commission
Date: 2008-08-25
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), health expenditure, redemption

25.10.2008

EN

Official Journal of the European Union

C 272/51

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 22 August 2008 — N v Parliament

Subject-matter and description of the proceedings

(Case F-71/08)

(2008/C 272/98)

Language of the case: French

Parties

Applicant: N (Brussels, Belgium)
lawyer)

(represented by: E. Boigelot,

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the staff report on the applicant for the period
from 16 August 2006 to 31 December 2006.

Form of order sought

— Annul the decision of 12 September 2007 confirming and
definitively approving the staff report on the applicant for
the period from 16 August 2006 to 31 December 2006;

— annul that contested report;

— annul the decision of the President of the Parliament of
22 May 2008 rejecting the applicant's claim for annulment
of the contested decision;

Annulment of the implicit decision rejecting the claim made by
the applicant for revision of the calculation of pension annuities
to be taken into account for transfer of his pension rights
acquired in Greece to the Community scheme

Form of order sought

— Annul the implicit decision rejecting the claim for revision
of the calculation of pension annuities to be taken into
account for transfer of his pension rights to the Community
scheme;

— Order the defendant to pay the costs.

Action brought on 25 August 2008 — Marcuccio v
Commission

(Case F-73/08)

(2008/C 272/100)

Language of the case: Italian

— order the European Parliament to pay the costs.

Parties

Action brought on 25 August 2008 — Ketselidis v
Commission

(Case F-72/08)

(2008/C 272/99)

Language of the case: French

Parties

Applicant: Michalis Ketselidis (Brussels, Belgium) (represented by:
S. Pappas, lawyer)

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of various Commission decisions refusing the appli-
cant 100 % reimbursement of medical expenses, and payment
by the Commission of the relevant amount

Form of order sought

— Annulment of the decision refusing the application dated

27 June 2007 and sent on 28 June 2007;

— Annulment of the decision refusing the application dated

Defendant: Commission of the European Communities

29 June 2007 and sent the same day;

C 272/52

EN

Official Journal of the European Union

25.10.2008

— Annulment of the decision refusing the application dated

Subject-matter and description of the proceedings

30 June 2007 and sent on 2 July 2007;

— Annulment of the decision refusing the application dated

2 July 2007 and sent the same day;

— Annulment,

in so far as necessary, of the memorandum

dated 29 April 2008;

— Order that the Commission pay the applicant, by way of
100 % reimbursement of the medical expenses, the sum of
EUR 4 747,29 or such lesser sum as the Court may consider
appropriate, plus interest at the rate of 10 % per annum
with annual capitalisation, or at such rate, with such capitali-
sation and from such date as the Court considers appro-
priate;

— Order that the Commission pay the costs.

Action brought on 29 August 2008 — Ramaekers-
Jørgensen v Commission

(Case F-74/08)

(2008/C 272/101)

Language of the case: French

Parties

Applicant: Dominique Ramaekers-Jørgensen (Genval, Belgium)
(represented by: L. Vogel, lawyer)

On the one hand, annulment of the decision of the Appointing
Authority to calculate the applicant's Community tax by
combining the amount of personal remuneration and the survi-
vor's pension, and of the decision rejecting the application for
the Community tax on her survivor's pension not
to be
deducted in advance, prior to payment of that pension, from
her remuneration. On the other, a finding that Articles 3 and 4
of Council Regulation No 260/68, as most recently amended by
Council Regulation No 2182/2003, are unlawful.

Form of order sought

— Annul the decision adopted by the Appointing Authority on
20 May 2008 rejecting the claim brought on 16 January
the decision of
2008 seeking annulment
16 October 2007 insofar as that decision laid down the
methods for calculation and payment of the Community tax
on the survivor's pension awarded to the applicant;

in part of

— insofar as necessary, annul in addition, in part, the decision
of 16 October 2007 in as much as it
laid down the
methods for calculation and payment of the Community tax
on the survivor's pension awarded to the applicant;

— by application of Article 241 of the Treaty, find that Arti-
cles 3 and 4 of Council Regulation No 260/68, as most
recently amended by Council Regulation No 2182/2003, are
unlawful since those provisions stipulate that the survivor's
pension awarded to an official is to be added to his pay for
the purposes of calculation of the Community tax thereon;

— order the Commission of the European Communities to pay

Defendant: Commission of the European Communities

the costs.