Case F-87/07: Order of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission (Staff cases — Officials — Action for damages — Allegedly unlawful conduct on the part of the Commission's Medical Service — Inadmissibility — Failure to comply with a reasonable period for lodging a claim for compensation)
Date: 2008-11-04
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, damage, indemnification, judicial proceedings, personnel administration, regulations for civil servants

10.1.2009

EN

Official Journal of the European Union

C 6/45

Order of the Civil Service Tribunal (First Chamber) of
4 November 2008 — Marcuccio v Commission

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

(Case F-133/06) (1)

(Staff cases — Officials — Application for the restitution of
personal property — Decision rejecting the complaint drafted
in a language other than the official's native language —
Action out of time — Manifest inadmissibility)

(2009/C 6/90)

Language of the case: Italian

Re:

the decision of 25 October 2005
Action for annulment of
rejecting the applicant's claim for recognition that he has a
serious illness for the purposes of Article 72 of the Staff Regula-
tions and the Sickness Insurance Scheme common to the insti-
tutions of the European Communities

Parties

Operative part of the order

Applicant: Luigi Marcuccio (Tricase,
G. Cipressa, lawyer)

Italy)

(represented by:

1. The action is dismissed as inadmissible.

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

2. Each party is to bear its own costs.

(1) OJ C 223, 22.9.2007, p. 18.

Re:

First, action for annulment of the Commission decision rejecting
the applicant's application to have delivered to him, at his
current residence, property previously left at the official lodgings
assigned to him in Angola and, secondly, a claim for damages

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Marcuccio is ordered to pay the costs.

(1) OJ C 223, 22.9.2007, p. 18.

Order of the Civil Service Tribunal (First Chamber) of
4 November 2008 — Marcuccio v Commission

(Case F-87/07) (1)

(Staff cases — Officials — Action for damages — Allegedly
unlawful conduct on the part of the Commission's Medical
Service — Inadmissibility — Failure to comply with a reason-
able period for lodging a claim for compensation)

(2009/C 6/92)

Language of the case: Italian

Order of the Civil Service Tribunal (First Chamber) of
4 November 2008 — Marcuccio v Commission

Parties

(Case F-18/07) (1)

(Staff cases — Officials — Claim — Explicit rejection noti-
rejection — Purely confirmatory
fied after
time — Manifest
measure — Complaint made out of

the implicit

inadmissibility)

(2009/C 6/91)

Applicant: Luigi Marcuccio (Tricase,
G. Cipressa, lawyer)

Italy)

(represented by:

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

Language of the case: Italian

Re:

Parties

Applicant: Luigi Marcuccio (Tricase,
G. Cipressa, lawyer)

Italy)

(represented by:

the Commission's decision not

to
Action for annulment of
the applicant's claim for compensation in respect of
grant
damage allegedly suffered by reason of the unlawful conduct of
the Commission's Medical Service in dealing with three medical
certificates produced by the applicant in the summer of 2001

C 6/46

EN

Official Journal of the European Union

10.1.2009

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Marcuccio is ordered to pay the costs.

(1) OJ C 247, 20.10.2007, p. 45.

sion C(2007) 5694 of 20 November 2007 on the general
provisions for the implementation of Article 45a of the Staff
Regulations as regards the part relating to the taking into
account of experience within the institutions;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 6 November 2008 — Pleijte v
Commission

(Case F-91/08)

(2009/C 6/93)

Language of the case: French

Action brought on 19 November 2008 — Marcuccio v
Commission

(Case F-94/08)

(2009/C 6/94)

Language of the case: Italian

Parties

Applicant: Johanna Gerdina Pleijte (Senningerberg, Luxembourg)
(represented by: P. Nelissen Grade, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

the decision of

Action for annulment of
the appointing
authority not to include the applicant's name on the provisional
list of preselected officials in the context of the 2007 certifica-
tion exercise and to subtract the length of a period of leave on
personal grounds from the 10-year period which was taken into
account
in order to establish her length of service for the
purposes of that certification procedure

Form of order sought

Parties

Applicant: Luigi Marcuccio (Tricase,
G. Cipressa, lawyer)

Italy)

(represented by:

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of a note by which the Commission announced its
intention to recover a credit relating to procedural costs through
a deduction from the invalidity pension paid to the applicant,
and an application for damages for the non-pecuniary loss
caused by that act.

Form of order sought

— Annulment of the note dated 28 March 2008 and also the

contested decision;

— Annul the decision of the appointing authority of 7 August

— Annulment, in so far as necessary, of the decision to reject

2008 rejecting the applicant's complaint;

the claim dated 19 April 2008;

— Annul the appointing authority's decision not to include the
applicant's name on the provisional list of preselected offi-
cials in the context of the 2007 certification exercise;

— Add the applicant's name to the list of preselected officials
in sufficient time to enable her to take part in the training
programme provided for by Article 6 of the GIP;

— Amend the methodology in the administrative notice of
8 January 2008 adopted on the basis of Commission Deci-

— Annulment,

in so far as necessary, of

the note dated

11 August 2008;

— Order the European Commission to compensate the appli-
cant for the non-pecuniary loss caused by the acts annul-
ment of which is sought by the present action,
in the
amount of EUR 10 000 or such higher or lesser amount as
the Court considers appropriate and equitable;

— Order the defendant to pay the costs.