Judgment of the Civil Service Tribunal (Second Chamber) of 16 May 2013 – de Pretis Cagnodo and Trampuz de Pretis Cagnodo v Commission

(Case F-104/10)¹

(Civil service – Social security – Serious illness – Concept – Hospitalisation – Reimbursement – Direct payment by the claims settlement office – No upper limit in the general implementing provisions for costs of stay – Obligation to inform the insured beforehand in the event of excessive billing)

Language of the case: Italian

Parties

Applicants: Mario Alberto de Pretis Cagnodo and Serena Trampuz (Trieste, Italy) (represented by: C. Falagiani, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents, A. Dal Ferro, lawyer)

Subject-matter and description of the proceedings

Annulment of the decision refusing to reimburse 100% of certain medical expenses in connection with the hospitalisation of the applicant’s wife.

Operative part of the judgment

The Court:

Annuls the decision of the claims settlement office, Ispra (Italy), as evidenced by payment note No 10 of 1 October 2009, charging Mr de Pretis Cagnodo the amount of EUR 28 800 for costs of stay for Mrs Trampuz de Pretis Cagnodo, considered excessive;

Dismisses the action as to the remainder;

Orders the European Commission to bear all its own costs and to pay all costs incurred by Mr de Pretis Cagnodo and Mrs Trampuz de Pretis Cagnodo.

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¹ OJ C 13, 15/01/2011, p. 42.