Order of the Civil Service Tribunal (Third Chamber) of 25 February 2014 – Marcuccio v Commission

(Case F-118/11)¹

(Civil service – Officials – Decision by the appointing authority to retire an official and to grant an invalidity allowance – Decision not addressing the occupational origin of the disease which justified retirement – Obligation on the appointing authority to recognise the occupational origin of the disease – Article 78, fifth paragraph, of the Staff Regulations – Need to convene a new invalidity committee – Relevance of an earlier decision adopted under Article 73 of the Staff Regulations – Article 76 of the Rules of Procedure – Action in part manifestly inadmissible and in part manifestly unfounded)

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 implied decision refusing to adopt a decision concerning the occupational origin of the disease suffered by the applicant.

Operative part of the order

1.    The action is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.

2.    Each party is ordered to bear its own costs.

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¹ OJ C 25, 28.1.2012. p. 70.