CELEX: 62009TA0009
Language: en
Date: 2010-11-24 00:00:00
Title: Case T-9/09 P: Judgment of the General Court of 24 November 2010 — Marcuccio v Commission (Appeal — Staff cases — Officials — Dismissal of the action at first instance as manifestly inadmissible — Request for the return of personal property — Notification of the decision rejecting the complaint in a language other than that of the complaint — Action out of time — No response to a head of claim submitted at first instance)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/24
            
         Judgment of the General Court of 24 November 2010 — Marcuccio v Commission
   (Case T-9/09 P) (1)
   
   (Appeal - Staff cases - Officials - Dismissal of the action at first instance as manifestly inadmissible - Request for the return of personal property - Notification of the decision rejecting the complaint in a language other than that of the complaint - Action out of time - No response to a head of claim submitted at first instance)
   2011/C 13/45
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)
   
      Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)
   
      Re:
   
   Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               annuls the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, in so far as it did not rule on the application for a declaration that the decision contested at first instance did not exist;
            
         
               2.
            
            
               dismisses the appeal as to the remainder;
            
         
               3.
            
            
               dismisses the action inasmuch as it sought a declaration that the contested decision did not exist;
            
         
               4.
            
            
               orders Mr Luigi Marcuccio to bear his own costs and to pay those incurred by the European Commission in the present case. The costs of the proceedings at first instance which culminated in the above order in Marcuccio v Commission are to be borne in accordance with point 2 of the operative part of that order.
            
         
      (1)  OJ C 55, 7.3.2009.