Case F-56/09: Action brought on 4 June 2009 — Marcuccio v Commission
Date: 2009-06-04
Institutions: Civil Service Tribunal
Subjects: European Commission, action for failure to fulfil an obligation, damages, housing, indemnification, information processing, servant (EU)








C_2009205EN.01004803.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/48





Action brought on 4 June 2009 — Marcuccio v Commission
(Case F-56/09)
2009/C 205/90
Language of the case: Italian

Parties


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

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to reject the applicant’s request seeking, first, compensation for the damage suffered as a result of the fact that Commission staff entered his official lodgings in Luanda on 8 April 2002 and, second, an order that copies of the photographs taken on that occasion be provided and that all documentation relating to that event be destroyed.

Form of order sought







—


declare that there is no legal basis for or, in the alternative, annul the decision rejecting the request of 24 April 2008;










—


in so far as necessary, declare that there is no legal basis for or, in the alternative, annul the note of 11 September 2008;










—


in so far as necessary, declare that there is no legal basis for or, in the alternative, annul the act rejecting the complaint of 3 November 2008;










—


confirm that, on 8 April 2002, Commission staff entered the applicant’s lodgings, took photographs and made a record of certain items, and confirm and declare that such acts are unlawful;










—


order the Commission to provide the applicant in writing with a list of each individual item of documentation that is relevant to the above acts;










—


order the Commission to arrange for the documentation, including the photographs, to be notified to the applicant in writing;










—


order the Commission to arrange for the physical destruction of the documentation and to notify the applicant of that destruction;










—


order the Commission to pay to the applicant by way of compensation for the damage thereby arising the sum of EUR 225 000 or such greater or lesser sum as the Tribunal may consider fair and just, being: (a) EUR 100 000 for the damage arising as a result of the unlawful entering of his lodgings; (b) EUR 100 000 for the damage arising as a result of photographs being taken unlawfully; (c) EUR 25 000 for the damage arising as a result of the unlawful act of taking a record of certain items forming part of the applicant’s personal effects;










—


order the Commission to pay to the applicant, with effect from the date following that on which the request of 24 April 2008 was received by the Commission until actual payment of the sum of EUR 225 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation;










—


order the Commission to pay to the applicant by way of compensation for the damage suffered by the applicant resulting from the failure to provide the list of documentation, with effect from tomorrow until the day on which the list of documentation is provided to the applicant, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just, to be paid on the first day of the month following delivery of judgment in this case as regards the sums already accrued in respect of the period between tomorrow and the last day of the month in which judgment is delivered in this case and on the first day of each month following that in which the judgment is delivered in respect of rights accrued during the previous month;










—


order the Commission to pay to the applicant, by way of compensation for the damage suffered by the applicant resulting from the failure physically to destroy the documentation, with effect from tomorrow until the day on which the documentation is physically destroyed, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just, to be paid on the first day of the month following delivery of judgment in this case as regards the sums already accrued in respect of the period between tomorrow and the last day of the month in which judgment is delivered in this case and on the first day of each month following that in which the judgment is delivered in respect of rights accrued during the previous month;










—


order the Commission to repay to the applicant all costs, fees and other expenses incurred in the proceedings, including those relating to the preparation of an expert’s report;










—


order the Commission to bear the costs relating to the preparation of the report of any expert it may instruct.