Order of the Civil Service Tribunal (First Chamber) of 28 May 2013 – Marcuccio v Commission

(Case F-67/11) 1

(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)

Language of the case: Italian


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

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)


Civil service – Application for annulment of the Commission’s decision rejecting the applicant’s request relating, first, to compliance on the part of the Commission with paragraph 2 of the operative part of the judgment of the Civil Service Tribunal of 9 June 2010 in Case F-56/09 Marcuccio v Commission, and, second, compensation for the damage allegedly suffered by the applicant.

Operative part of the order

1.    The action is dismissed as manifestly lacking any basis in law.

2.    Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission, including the costs relating to the interlocutory proceedings in Case F-67/11 R Marcuccio v Commission.


1 OJ C 319, 29.10.2011, p. 29.