Case T-278/07 P: Judgment of the Court of First Instance of 20 October 2008 — Marcuccio v Commission (Appeal — Staff cases — Officials — Social security — Industrial accident — Decision to close the procedure for the application of Article 73 of the Staff Regulations — Lack of an act causing adverse effect — Appeal unfounded)
Date: 2008-10-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administrative procedure, appeal, occupational accident, regulations for civil servants, social-security benefit

C 313/32

EN

Official Journal of the European Union

6.12.2008

Interveners in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented: initially by V. Jackson
and T. Harris, and subsequently by V.
Jackson, Agents, and
assisted by S. Lee and M. Gray, Barristers); Commission of the
European Communities (represented: initially by S. Boelaert and
J. Aquilina, and subsequently by S. Boelaert, P. Aalto and
P. van Nuffel, Agents); Kingdom of the Netherlands (represented
by: M. de Grave and Y. de Vries, Agents)

Re:

initially,

APPLICATION,
for annulment of Council Decision
2007/445/EC of 28 June 2007 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism and repealing Decisions 2006/379/EC and
2006/1008/EC (OJ 2007 L 169, p. 58), so far as it concerns the
applicant.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded in so far as it seeks annulment
of Council Decision 2007/445/EC of 28 June 2007 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Decisions
2006/379/EC and 2006/1008/EC

2. Annuls Article 1 of Council Decision 2007/868/EC of
20 December 2007 implementing Article 2(3) of Regulation
No 2580/2001 on specific restrictive measures directed against
certain persons and entities with a view to combating terrorism and
repealing Decision 2007/445, and point 2.19 of the list annexed
to that decision, in so far as they concern the People's Mojahedin
Organization of Iran;

Judgment of the Court of First Instance of 20 October
2008 — Marcuccio v Commission

(Case T-278/07 P) (1)

(Appeal — Staff cases — Officials — Social security —
Industrial accident — Decision to close the procedure for the
application of Article 73 of the Staff Regulations — Lack of
an act causing adverse effect — Appeal unfounded)

(2008/C 313/57)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

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

Re:

Appeal against the order of the European Union Civil Service
Tribunal (First Chamber) of 11 May 2007 Marcuccio v Commis-
sion (Case F-2/06, not yet published in the ECR), for the annul-
ment of that order.

3. Dismisses the action as unfounded in so far as it seeks annulment
the other provisions of Decision 2007/868, so far as the

of
People's Mojahedin Organization of Iran is concerned;

Operative part of the judgment

4. Orders the Council to bear, in addition to its own costs, one third

of the costs of the People's Mojahedin Organization of Iran;

The Court:

1. dismisses the appeal;

5. Orders the United Kingdom of Great Britain and Northern Ireland,
the Commission and the Kingdom of the Netherlands to pay their
own costs.

2. orders Mr Luigi Marcuccio to bear his own costs and to pay the

Commission's costs before this Court.

(1) OJ C 211, 8.9.2007.

(1) OJ C 211, 8.9.2007.