Case F-18/07: Order of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission (Staff cases — Officials — Claim — Explicit rejection notified after the implicit rejection — Purely confirmatory measure — Complaint made out of time — Manifest inadmissibility)
Date: 2008-11-04
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, admissibility, occupational disease, 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