CELEX: 62008CO0528
Language: en
Date: 2009-12-09 00:00:00
Title: Order of the Court (Seventh Chamber) of 9 December 2009. # Luigi Marcuccio v European Commission. # Appeal - Officials - Social security - Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official - Order of the Civil Service Tribunal disclaiming jurisdiction - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-528/08 P.

ORDER OF THE COURT (Seventh Chamber)
      9 December 2009
      Case C-528/08 P
      Luigi Marcuccio
      v
      European Commission
      (Appeal – Officials – Social security – Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official – Order of declining jurisdiction from the Civil Service Tribunal – Appeal in part manifestly inadmissible and in part manifestly unfounded)
      Appeal: brought against the order of the General Court (Fourth Chamber) in Case T-144/08 Marcuccio v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which the General Court dismissed as inadmissible an action for annulment of
         the decision to refuse the appellant’s request for 100% reimbursement of certain medical expenses, and seeking an order that
         the Commission pay the appellant the amount of EUR 89.56 as a supplementary reimbursement of his medical expenses or as compensation
         for loss.
      
      Held:  The appeal is dismissed. Mr Marcuccio is ordered to pay the costs of the appeal.
      
      Summary
      Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted
      (Art. 225 EC; Statute of the Court of Justice, Art. 58)