Action brought on 19 November 2008 -Marcuccio v Commission

(Case F-94/08)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of a note by which the Commission announced its intention to recover a credit relating to procedural costs through a deduction from the invalidity pension paid to the applicant, and an application for damages for the non-pecuniary loss caused by that act.

Form of order sought

Annulment of the note dated 28 March 2008 and also the contested decision;

Annulment, in so far as necessary, of the decision to reject the claim dated 19 April 2008;

Annulment, in so far as necessary, of the note dated 11 August 2008;

Order the European Commission to compensate the applicant for the non-pecuniary loss caused by the acts annulment of which is sought by the present action, in the amount of EUR 10 000 or such higher or lesser amount as the Court considers appropriate and equitable;

Order the defendant to pay the costs.

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