Language of document :

Order of the Civil Service Tribunal (First Chamber) of 7 November 2013 – Marcuccio v Commission

(Case F-132/11) 1

(Civil service – Article 34(1) and (6) of the Rules of Procedure – Application lodged by fax within the time-limit for bringing proceedings – Lawyer’s hand-written signature different from that on the original application received by post – Action lodged out of time – Manifest inadmissibility – None)

Language of the case: Italian


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

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)


Application for annulment of the implied decision of the Commission rejecting the applicant’s request (i) to inform him in writing of the total number of working days of annual leave accrued in the years prior to 2005 and in the period from 2005 to 2010 to which he was entitled on the date on which he submitted his request and the number of days leave to which he would be entitled by the end of 2010; (ii) to take all those days leave; and (iii) to notify him of any grounds on which those request may be refused.

Operative part of the order

1.    The action is dismissed as manifestly inadmissible.

2.    Mr Marcuccio shall bear his own costs and pay the costs incurred by the European Commission.


1 OJ C 65, 3.3.2012, p. 23.