Order of the Civil Service Tribunal (First Chamber) of 18 June 2013 – Marcuccio v Commission

(Case F-100/11) ¹

(Civil service – Officials – Remuneration – Daily allowance – Conditions for granting – Actual establishment in the place of employment – Action manifestly lacking any foundation in law – Legal costs – Article 94 of the Rules of Procedure)

Language of the case: Italian

Parties

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

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s decision refusing to grant to the applicant the daily allowances linked to the decision relating to transfer him from the delegation in Angola to headquarters in Brussels.

Operative part of the order

1.    The action is dismissed as manifestly unfounded.

2.    Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.

3.    Mr Marcuccio is ordered to pay to the Civil Service Tribunal of the European Union the sum of EUR 2 000.

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¹ OJ C 25, 28.1.2012, p. 67.