Action brought on 24 August 2010 - Marcuccio v Commission

(Case F-69/10)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant's request for compensation for the damage suffered as a result of the fact that the defendant had sent a letter to a lawyer who was not yet the applicant's representative.

Form of order sought

The applicant claims that the Civil Service Tribunal (CST) should:

annul the decision, whatever its form, which brought about the rejection by the European Commission of the request of 30 October 2009 sent by the applicant to the appointing authority;

annul the note of 11 November 2009 (ADMIN.B.2/MB/1sD(09)29814);

in so far as is necessary, annul the Commission's rejection of the applicant's complaint to the appointing authority, dated 25 January 2010, against the decision rejecting the request of 30 October 2009; annul that decision; and uphold the request of 30 October 2009;

in so far as is necessary, annul Note HR.D.2/MB/1s Ares (2010) 251054, dated 10 May 2010, written in French and received by the applicant on 17 May 2010 enclosed with the attached translation of the note in Italian;

order the Commission to make reparation for the damage unjustly suffered by the applicant as a result of the fact that the note of 10 August 2009 (ADMIN.B.2/MB/ksD(09)20658) was sent by the Commission to Giuseppe Cipressa, avvocato, by paying to the applicant the sum of EUR 10 000, or such other sum - whether greater or smaller - as the CST may consider just and equitable;

order the Commission to pay to the applicant, with effect from the date following that on which the request of 30 October 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10% per annum, with annual capitalisation;

order the Commission to pay the costs.

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