CELEX: C2006/022/21
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-236/02: Judgment of the Court of First Instance of  24 November 2005  — Marcuccio v Commission (Officials — Reassignment in the interests of the service — Action for annulment — Statement of reasons — Duty to have due regard for the welfare of officials Rights of the defence — Misuse of powers — Articles 25 and 26 of the Staff Regulations — Manifest error of assessment — Action for damages)

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/11
            
         Judgment of the Court of First Instance of 24 November 2005 — Marcuccio v Commission
   (Case T-236/02) (1)
   
   (Officials - Reassignment in the interests of the service - Action for annulment - Statement of reasons - Duty to have due regard for the welfare of officials Rights of the defence - Misuse of powers - Articles 25 and 26 of the Staff Regulations - Manifest error of assessment - Action for damages)
   (2006/C 22/21)
   Language of the case: Italian
   Parties
   
      Applicant(s): Luigi Marcuccio (Tricase, Italy) (represented by: L. Garofalo, lawyer)
   
      Defendant(s): Commission of the European Communities (represented by: E. de March and C. Berardis-Kayser, Agents, assisted by A. dal Ferro, lawyer)
   Application for
   Annulment of the decision of the Commission of 18 March 2002 which reassigned the applicant from the Directorate-General for Development, Commission's Delegation in Luanda (Angola), to the Directorate General for Development in Brussels, of all preliminary, connected or consecutive measures, in particular those relating to the recruitment of another official to occupy his post, of the Commission's notes of 13 and 14 November 2001 and of the opinion or opinions of the managing Committee of the external services, and a claim indemnities in connection with his duties in Angola and damages for harm suffered
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Dismisses the application.
            
         
               2)
            
            
               Orders the parties to bear their own costs, including those relating to the proceedings for interim measures before the Court of First Instance.
            
         
      (1)  OJ C 233, 28.9.2002.