CELEX: 62006FO0133(01)
Language: en
Date: 2008-11-04 00:00:00
Title: Order of the Civil Service Tribunal (First Chamber) of 4 November 2008. # Luigi Marcuccio v Commission of the European Communities. # Case F-133/06.

ORDER OF THE CIVIL SERVICE TRIBUNAL 
      (First Chamber)
      4 November 2008 
      Case F-133/06
      Luigi Marcuccio
      v
      Commission of the European Communities 
      (Civil service – Officials – Application for the restitution of personal property – Decision rejecting the complaint drafted in a language other than the official’s native language – Action out of time – Manifest inadmissibility)
      Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks, first, annulment of the Commission decision rejecting
         his application to have delivered to him, at his current residence, property previously left at the official lodgings assigned
         to him when he was posted to the Commission Delegation in Angola, and second, an order for the institution to pay him damages.
      
      Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to pay the costs.
      
      Summary
      1.      Officials – Actions – Time-limits – Point from which time starts to run – Notification – Definition
      (Staff Regulations, Art. 91(3))
      2.      Procedure – Costs – Costs caused unreasonably or vexatiously
      (Rules of Procedure of the Court of First Instance, Art. 87(3), second para.; Rules of Procedure of the Civil Service Tribunal,
            Art. 122)
      1.      The notification of a decision rejecting a complaint in a language which is neither the mother tongue of the official nor
         that in which the complaint was drafted is lawful provided that the person concerned is able to have effective knowledge of
         it.
      
      (see para. 42)
      See:
      T-118/99 Bonaiti Brighina v Commission [2001] ECR-SC I‑A‑25 and II‑97, para. 17
      
      F‑51/05 and F‑18/07 Duyster v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 57
      
      2.      It is appropriate to apply the second paragraph of Article 87(3) of the Rules of Procedure of the Court of First Instance,
         applicable mutatis mutandis to cases pending before the Civil Service Tribunal before the entry into force of its own Rules of Procedure on 1 November
         2007, and to order the official to bear all the costs, since he insisted on obstructing the administration by refusing to
         cooperate with it, and by choosing to initiate proceedings without any justification.
      
      (see paras 55, 56, 58)
      See:
      T-241/03 Marcuccio v Commission [2006] ECR-SC I‑A‑2‑111 and II‑A‑2‑517, para. 65
      
      F-40/06 Marcuccio v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 50, currently the subject of an appeal before the Court of First Instance,
         Case T‑46/08 P