Case F-100/08: Action brought on 17 December 2008 — Petrilli v Commission
Date: 2008-12-17
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European Commission, action for annulment (EU), residence

C 55/52

EN

Official Journal of the European Union

7.3.2009

Action brought on 17 December 2008 — Petrilli v
Commission

Subject-matter and description of the proceedings

(Case F-100/08)

(2009/C 55/94)

Language of the case: French

the Commission's decision to
Application for annulment of
reject the applicant's request for, first, compensation for the
damage suffered when the personal effects were dispatched from
his official lodgings in Luanda and, second, the destruction of
all the documents relating to the dispatched property in the
defendant's possession and the restitution of that property to
the applicant.

Parties

Applicant: Alessandro Petrilli (Grottammare, Italy) (represented
by: J.-L. Lodomez, J. Lodomez, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Subject-matter and description of the proceedings

Annulment of the Appointing Authority's decision on the fixing
of the applicant's main residence.

Form of order sought

The applicant claims the Tribunal should:

— Annul the decision of 16 September 2008 by which the
Appointing Authority rejected the fixing of the applicant's
main residence in Italy;

— So far as

is necessary, annul any decision which the
Commission might make relating to the procedure following
the complaint, brought by the applicant after the communi-
cation of new evidence;

— order the Commission to pay, on the sums due in respect of
the retroactive application of the correction coefficient for
Italy on the applicant's pension from 1 July 2007, interest
on the basis of the rate set by the ECB for its principal refi-
nancing operations, applicable during the relevant period,
increased by two points;

— order the Commission of the European Communities to pay

the costs.

Action brought on 15 December 2008 — Marcuccio v
Commission

(Case F-102/08)

(2009/C 55/95)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

— declare that there is no legal basis for or, in the alternative,
annul the decision rejecting the request of 1 September
2007 and, in so far as is necessary, the decision rejecting the
complaint of 20 March 2008;

— in so far as is necessary, declare that there is no legal basis
for or, in the alternative, annul the note of 18 July 2008;

— confirm that, on 30 April 2003 and 2 May 2003, members
of the defendant's staff or its representatives entered the
applicant's lodgings against his will, took photographs, drew
up a list of the applicant's presumed personal effects, carried
out an evaluation of each item on the list of personal effects,
entered the applicant's motor vehicle, took possession of the
applicant's personal effects and motor vehicle and evicted
him from the lodgings and their appurtenances;

— confirm and declare that such acts are unlawful;

— order the defendant to draw up a list accurately identifying
each individual item of the documentation that is relevant to
the abovementioned facts and to notify the applicant in
writing of that list;

— order the defendant to arrange for the physical destruction
of each individual item of the documentation and to notify
the applicant of that destruction;

— order the defendant to arrange for the applicant's personal

effects to be restored to him;

— order the defendant to pay to the applicant the sum of
EUR 722 000, or such greater or lesser sum as the Tribunal
may consider fair and just, by way of compensation for the
damage arising from facts referred to above;

— order the defendant to pay to the applicant, with effect from
the date of the request of 1 September 2007 until the date
of actual payment of the sum of EUR 722 000, interest on
that sum;

— order the defendant to pay to the applicant, by way of
compensation for the damage arising from the failure to
draw up the list of documentation and to notify the appli-
cant of that list, with effect from tomorrow until the day on
which the list
the sum of
EUR 100 per day, or such greater or lesser sum as the
Tribunal may consider fair and just;

is notified to the applicant,