Judgment of the Civil Service Tribunal (1st Chamber) of 9 June 2010 - Marcuccio v Commission
(Staff cases - Officials - Action for damages - Access of the administration to an official's lodgings - Respect for the home and private life)
Language of the case: Italian
Parties
Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, then by G. Cipressa and L. Mansullo, lawyers)
Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, assisted by A. Dal Ferro, lawyer)
Re:
Application for annulment of the Commission's decision to reject the applicant's application seeking, first, compensation for the harm allegedly suffered because agents of the Commission entered his lodgings in Luanda on 8 April 2002 and, secondly, the provision of copies of the photos taken at that time and the destruction of all documentation connected with that event.
Operative part of the judgment
The Tribunal:
Orders the European Commission to pay Mr Marcuccio EUR 5000;
Annuls the European Commission's decision of 11 September 2008, in so far as it rejected Mr Marcuccio's application of 24 April 2008 that he be sent photographs, that photographs be destroyed and that he be provided with information relating to the destruction of the photographs;
Dismisses the rest of the claims in the application;
Orders the European Commission, in addition to bearing its own costs, to pay one quarter of Mr Marcuccio's costs;
Orders Mr Marcuccio to pay three quarters of his own costs.
____________1 - OJ C 205, 29.8.2009, p. 48.