Action brought on 5 October 2009 - Marcuccio v Court of Justice of the European Communities

(Case T-401/09)

Language of the case: Italian

Parties

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

Defendant: Court of Justice of the European Communities

Form of order sought

Annul the decision, however framed, which constituted rejection by the defendant of the request of 24 May 2009 submitted by the applicant to the defendant;

annul the note dated 15 June 2009 from the Registry of the Court of Justice;

order the defendant to pay to the applicant the sum of EUR 10 000.00 (ten thousand Euro), or such greater or lesser sum as the Court may consider just and fair, by way of compensation for the damage suffered;

order the defendant to pay all the costs, disbursements and fees incurred in the proceedings.

Pleas in law and main arguments

The present action concerns the defendant's refusal to accede to the request for compensation for the alleged damage arising from the fact that a lawyer who was no longer authorised to receive it was notified of the Commission's appeal against a decision of the Civil Service Tribunal granting in part the form of order sought by the applicant.

In support of his claims, the applicant alleges a total failure to state reasons, breach of the duty of sound administration, infringement of provisions of law and a manifest error of assessment.

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