Language of document :

Action brought on 8 April 2006 - Luigi Mancuccio v Commission of the European Communities

(Case F-40/06)

Language of the case: Italian


Applicant: Luigi Mancuccio (Tricase, Italy) (represented by: V. Messa, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the implied decision by which the applicant's request dated 1 March 2005 to the Appointing Authority to have sent to him a certified copy of the original of the bill of lading relating to the presumed dispatching of his personal effects from Angola to Italy;

order the defendant to pay to the applicant, by way of damages for the losses resulting from the adoption of the contested act, the amount of EUR 10 000, or an amount to be assessed by the Court;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a former Commission official who took retirement on 30 May 2005, requested from that institution the bill of lading for his personal effects and property assigned to his residence in Angola, the country to which he had been assigned as an economic advisor with the Commission's delegation.

In May 2003, the defendant was arranging for the removal from the official lodgings assigned to the applicant, who maintains that only part of his personal effects were collected for removal. By memorandum of 16 May 2005, the defendant informed the applicant that his personal effects and his automobile had been sent to Italy and asked him to contact the shipping agent to arrange for delivery.

By letter of 1 March 2005, the applicant requested, inter alia, a detailed list of what had been delivered to him, and also a copy of the bill of lading. That request was not answered, as indicated in the claim brought by the applicant on 2 September 2005.

In support of his action, the applicant states that the implied decision to reject his claim is illegitimate on grounds of absolute failure to state reasons, infringement of the law, infringement of the obligation to have due regard to the welfare of officials, the principle of transparency, the principle of sound administration, and also the principle of neminem laedere.