CELEX: C2006/022/35
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-408/05: Action brought on  16 October 2005  — Luigi Marcuccio v Commission

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/18
            
         Action brought on 16 October 2005 — Luigi Marcuccio v Commission
   (Case T-408/05)
   (2006/C 22/35)
   Language of the case: Italian
   Parties
   
      Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: Alessandro Distante, lawyer)
   
      Defendant: Commission of the European Communities
   Form of order sought
   The applicant claims that the Court should:
   
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               annul the implied decision rejecting the request of 11 October 2004;
            
         
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               annul, so far as necessary, the decision of 4 August 2005;
            
         
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               order the defendant to pay the applicant the additional sum of EUR 381.04 needed to make up 100 % (one hundred per cent) reimbursement of medical expenses;
            
         
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               order the defendant to pay the applicant default interest at the rate of 10 % (ten per cent), with annual capitalisation from 11 October 2004 until actual payment;
            
         
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               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The applicant in this case objects to the defendant's refusal to reimburse 100 % of the medical expenses incurred by him.
   The pleas and main arguments are those relied on in Case T-18/04 Marcuccio v Commission
       (1).
   In particular, the applicant alleges absolute failure to state reasons, manifest error of assessment and infringement of Article 72 of the Staff Regulations and of the duty to have regard to the welfare of officials, the duty of non-discrimination and the principle of sound administration.
   
      (1)  OJ C 71 of 20.3.2004, p. 38.