Judgment of the Civil Service Tribunal (First Chamber) of 4 November 2008 - Marcuccio v Commission

(Case F-41/06) ¹

(Staff cases - Officials - Social security - Insurance against the risk of accident and occupational disease - Invalidity - Retirement on the ground of invalidity - Statement of reasons - Annulment)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: L. Garofalo, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

First, action for annulment of the Commission decision by which the applicant was retired on grounds of invalidity and of a series of measures connected to that decision and, secondly, a claim for damages

Operative part of the judgment

The Tribunal:

annuls the decision of the Commission of the European Communities of 30 May 2005 by which Mr Marcuccio was retired on grounds of invalidity;

orders the Commission of the European Communities to pay Mr Marcuccio the sum of EUR 3 000;

dismisses the action as to the remainder;

orders the Commission of the European Communities to pay two thirds of Mr Marcuccio's costs as well as to bear its own costs;

orders Mr Marcuccio to bear one third of his own costs.

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¹ - OJ C 131, 03.06.06, p. 54.