Language of document : ECLI:EU:F:2014:219


(Third Chamber)

18 September 2014

Case F‑149/12

Luigi Marcuccio


European Commission

(Civil service — Invalidity — Invalidity allowance — Amounts withheld from the invalidity allowance)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Marcuccio seeks, in particular, annulment of the decisions of the European Commission contained in his pension statements for the months of April, May and June 2012, on each occasion withholding EUR 500 from his invalidity allowance, annulment of the decisions rejecting his complaints of 15 May and 10 July 2012 and annulment of the decision of 14 August 2012, and an order that the Commission reimburse the sums withheld, plus interest for late payment.

Held:      The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded. Mr Marcuccio is to bear his own costs and is ordered to pay the costs incurred by the European Commission.


Actions brought by officials — Judgment annulling a measure — Effects — Setting aside of a judgment of the Civil Service Tribunal annulling the decision to retire an official and ordering the institution to compensate for the harm suffered — Reimbursement of amount wrongly paid

The setting aside, albeit in part, by the General Court of the European Union of a judgment or order of the Civil Service Tribunal has the effect of annulling the provisions by which the Tribunal adjudicated in that judgment or order.

Consequently, a judgment of the General Court setting aside a judgment by which the Civil Service Tribunal annulled the decision to retire an official and ordered the institution concerned to pay him a certain sum in compensation for the harm suffered as a result of that decision eliminated the legal basis for the sum owed by the institution to the official.

That being so, it is for the official to agree to the institution’s request for reimbursement of the sum wrongly paid.

(see paras 27-30)


judgment in Commission v Marcuccio, T‑20/09 P, EU:T:2011:257, para. 2

judgment in De Nicola v EIB, F‑63/12, EU:F:2013:169, para. 24