ORDER OF THE GENERAL COURT (Appeal Chamber)

21 June 2011

Case T‑12/10 P

Luigi Marcuccio

v

European Commission

(Appeal — Civil service — Officials — Reimbursement of expenses — Note from the Commission informing the applicant of its intention to make a deduction from his invalidity pension — Lack of any measure adversely affecting the appellant — Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: brought against the order of the European Union Civil Service Tribunal (First Chamber) of 29 October 2009 in Case F‑94/08 Marcuccio v Commission [2009] ECR-SC I‑A‑1-421 and II‑A‑1-2281, seeking the annulment of that order.

Held: The appeal is dismissed. Mr Luigi Marcuccio is to bear his own costs and pay those incurred by the European Commission in the present proceedings.

Summary

Officials — Actions — Act adversely affecting an official — Concept — Note from the administration informing the official concerned of its intention to make a deduction from his invalidity pension — Not included

(Staff Regulations, Arts 90 and 91)

A note from the administration informing an official of its intention to make a deduction from his invalidity pension, if he does not apply to the Community Courts for taxation of costs which he was ordered to pay in an earlier case, does not constitute the adoption of a definitive position by the administration and may not be regarded as having directly and immediately affected his interests by bringing about a distinct change in his legal position.

(see paras 21- 22)