Action brought on 28 May 2012 – ZZ v Commission

(Case F-58/12)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for (i) annulment of the implied decision rejecting the applicant’s request relating to the defendant’s compliance with the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission and (ii) compensation for the harm which the applicant claims to have suffered.

Form of order sought

Annul the decision issued by – or in any event attributable to – the Commission rejecting – howsoever and whether in full or in part – the claims set out in the application of 25 March 2011;

annul the decision issued by – or in any event attributable to – the Commission rejecting – howsoever and whether in full or in part – the claims set out in the application of 17 October 2011;

in so far as necessary, declare that, by failing to adopt, even in part, the measures necessary to comply with the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission, within a reasonable time of that judgment’s delivery, the Commission has acted unlawfully;

order the Commission to pay the applicant the sum of EUR 70 000 by way of compensation for the wrongful damage sustained by the applicant as a result of the Commission’s unlawful failure to adopt all the measures necessary for compliance with the judgment of 4 November 2008;

order the Commission to pay the costs.