Action brought on 27 December 2011 – ZZ v Commission

(Case F-143/11)

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 annulment of the Commission’s implied decision not to reimburse a quarter of the costs incurred by the applicant in Case F-81/09 Marcuccio v Commission, which the defendant was ordered to pay by judgment of 15 February 2011.

Form of order sought

Annul the decision issued by – or, in any event, attributable to – the Commission to reject the claims set out in the applicant’s request of 16 August 2011 sent to the Commission in the person of its legal representative pro tempore and to the appointing authority of the Commission;

Declare that the Commission has abstained from adopting the measures necessary for compliance with the judgment of the Tribunal of 15 February 2011 in Case F-81/09 Marcuccio v Commission, in particular the measures complying with that part of the judgment of 15 February 2011 relating to the costs of the proceedings in that case;

Order the Commission to pay to the applicant the sum of EUR 3 316.31, which, if and in so far as it is not paid to the applicant, will produce interest in favour of the applicant at the rate of 10% per annum and with annual capitalisation, with effect from tomorrow and until the day on which payment of that sum takes place;

Order the Commission to pay to the applicant the sum of EUR 5 per day for each additional day which, with effect from tomorrow, passes while the abovementioned abstention persists, up until the 180th day after 17 August 2011, it being necessary for that sum of EUR 5 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10% per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

Order the Commission to pay to the applicant the sum of EUR 6 per day for each additional day which, from the 181st day after 17 August 2011, passes while the abovementioned abstention persists, up until the 270th day after 17 August 2011, it being necessary for that sum of EUR 6 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10% per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

Order the Commission to pay to the applicant the sum of EUR 7.50 per day for each additional day which, from the 271st day after 17 August 2011, passes while the abovementioned abstention persists, up until the 360th day after 17 August 2011, it being necessary for that sum of EUR 7.50 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10% per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

Order the Commission to pay to the applicant the sum of EUR 10 per day for each additional day which, from the 361st day after 17 August 2011, passes while the abovementioned abstention persists, ad infinitum, it being necessary for that sum of EUR 10 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10% per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

Order the Commission to pay the costs.