CELEX: 62011CN0617
Language: en
Date: 2011-12-01 00:00:00
Title: Case C-617/11 P: Appeal brought on 1 December 2011 by Luigi Marcuccio against the judgment of the General Court (Fourth Chamber) delivered on 14 September 2011 in Case T-236/02 Marcuccio v Commission

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/43
            
         
      Appeal brought on 1 December 2011 by Luigi Marcuccio against the judgment of the General Court (Fourth Chamber) delivered on 14 September 2011 in Case T-236/02 Marcuccio v Commission
      (Case C-617/11 P)
      (2012/C 25/81)
      Language of the case: Italian
      
         Parties
      
      
         Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)
      
         Other party to the proceedings: European Commission
      
         Form of order sought
      
      
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                  Set aside the judgment of 14 September 2011 in Case T-236/02 in so far as it rejected the claims seeking compensation and reparation made by the appellant in his written submissions at first instance;
               
            
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                  Order the Commission to pay the costs and allow in their entirety and without any exception whatsoever the claims seeking compensation and reparation;
               
            
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                  In the alternative, refer the case back in part to the General Court for a fresh decision on the claims seeking compensation and reparation.
               
            
         Pleas in law and main arguments
      
      
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                  Errors of procedure so serious as to damage irreparably the interests of the appellant;
               
            
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                  total failure to state grounds, as well irrational, tautological, illogical and inconsistent reasoning, and misinterpretation and misapplication of Annex X to the Staff Regulations of Officials of the European Union, of the rules on the interpretation of laws and of the conditions governing the liability of a European Union institution for payment of compensation for damage;
               
            
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                  confused and arbitrary reasoning and distortion and misrepresentation of the facts;
               
            
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                  distortion and misrepresentation of the facts and misinterpretation and misapplication of the rules on the admissibility of documents instituting proceedings.