CELEX: 62008CO0432
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 - Payment of medical expenses - Implied rejection of the application seeking reimbursement in full of medical expenses incurred by the applicant - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-432/08 P.

ORDER OF THE COURT (Seventh Chamber)
      9 December 2009
      Case C-432/08 P
      Luigi Marcuccio
      v
      European Commission
      (Appeal – Officials – Social security – Payment of medical expenses – Implied rejection of an application seeking reimbursement in full of medical expenses incurred by the applicant – Appeal in part manifestly inadmissible and in part manifestly unfounded)
      Appeal: against the judgment of the General Court (First Chamber) of 9 July 2008 in Joined Cases T-296/05 and T-408/05 Marcuccio v Commission, by which the Court dismissed as inadmissible the application for annulment of two implied decisions of the Settlements Office
         of the Joint Sickness Insurance Scheme of the European Communities refusing to pay 100% of certain medical costs incurred
         by the applicant and an application for an order that the Commission pay to the applicant amounts in respect of certain medical
         costs.
      
      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; Statuteof the Court ofJustice, Art. 58)