ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

28 May 2013

Case F‑67/11

Luigi Marcuccio

v

European Commission

(Civil service — Officials — Annulment of the Commission’s decision — Compliance with the judgment of the Tribunal — Damage arising as a result of non-compliance — Conditions — Action manifestly lacking any basis in law)

Application: under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Marcuccio seeks, in essence, first, annulment of the decision of 24 June 2011 by which the European Commission rejected his request of 28 February 2011, inter alia, for the adoption of measures to comply with paragraph 2 of the operative part of the judgment of the Tribunal of 9 June 2010 in Case F‑56/09 Marcuccio v Commission (‘the judgment of 9 June 2010’) and, second, an order for the Commission to pay him compensation for the damage he alleges he suffered.

Held:      The action is dismissed as manifestly lacking any basis in law. Mr Marcuccio is to bear his own costs and is ordered to pay the costs incurred by the Commission, including the costs relating to the interim proceedings in Case F‑67/11 R Marcuccio v Commission.

Summary

Officials — Actions brought by officials — Judgment annulling a measure — Effects — Obligation to adopt measures to comply with a judgment — Compliance with EU law — Compensation for damage suffered by the applicant in connection with the annulled act — Specific difficulties — Award of due compensation for the disadvantage suffered by the applicant

(Art. 266 TFEU)

It is for the institution concerned to adopt the measures required to give effect to a judgment delivered in an action for annulment, exercising, subject to review by the European Union Courts, the discretion which it has for this purpose, complying with both the operative part and grounds of the judgment it is required to give effect to and the provisions of EU law.

Where compliance with a judgment delivered in an action for annulment of a measure presents particular difficulties, the institution concerned may satisfy the obligation arising from Article 266 TFEU by taking, in compliance with the principle of legality, such decisions as will provide due compensation for the damage which the person concerned has suffered as a result of the decision which has been annulled.

(see paras 38, 44)

See:

6 October 2004, T‑294/02 Vicente-Nuñez v Commission, para. 46

7 June 2011, F‑84/09 Larue and Seigneur v ECB, para. 64