Judgment of the General Court of 20 November 2019 — Missir Mamachi di Lusignano and Others v Commission

(Case T-502/16) ¹

(Civil service — Officials — Murder of an official and his wife — Obligation to ensure the safety of staff in the service of the European Union — Liability of the institution for non-material damage suffered by the family members of a deceased official — Mother, brother and sister of the official — Action for damages — Admissibility — Standing to bring proceedings under Article 270 TFEU — Person covered by the Staff Regulations — Reasonable period of time)

Language of the case: Italian

Parties

Applicants: Stefano Missir Mamachi di Lusignano (Shanghai, China) and the six other applicants whose names are listed in the annex to the judgment (represented by: F. Di Gianni, G. Coppo and A. Scalini, lawyers)

Defendant: European Commission (represented initially by: B. Eggers, G. Gattinara and D. Martin, and subsequently by G. Gattinara and R. Striani, acting as Agents)

Re:

Action under Article 270 TFEU seeking, in essence, an order that the Commission pay to the heirs and successors of Mr Alessandro Missir Mamachi di Lusignano, to the heirs and successors of Mr Livio Missir Mamachi di Lusignano, to Ms Anne Jeanne Cécile Magdalena Maria Sintobin, to Mr Stefano Missir Mamachi di Lusignano and to Ms Maria Letizia Missir Mamachi di Lusignano various sums by way of compensation for non-material damage arising from the murder of Mr Alessandro Missir Mamachi di Lusignano and his wife on 18 September 2006 in Rabat (Morocco), where Mr Alessandro Missir Mamachi di Lusignano was present for professional reasons.

Operative part of the judgment

The Court:

Declares that there is no longer any need to rule on the claims that the European Commission be ordered to pay, by way of compensation for non-material damage, EUR 463 050 to each heir and successor of Mr Alessandro Missir Mamachi di Lusignano, EUR 574 000 to the same heirs and successors and EUR 308 700 to the heirs and successors of Mr Livio Missir Mamachi di Lusignano;

Orders the Commission to pay on a joint and several basis the amount of EUR 50 000 to Ms Anne Jeanne Cécile Magdalena Maria Sintobin, in respect of the non-material damage suffered by her;

Orders the Commission to pay on a joint and several basis the amount of EUR 10 000 to Ms Maria Letizia Missir Mamachi di Lusignano, in respect of the non-material damage suffered by her;

Orders the Commission to pay on a joint and several basis the amount of EUR 10 000 to Mr Stefano Missir Mamachi di Lusignano, in respect of the non-material damage suffered by him;

Orders that default interest is to be added to the compensation referred to in paragraphs 2 to 4 above, for the period from delivery of this judgment until payment in full, at a rate two percentage points above that set by the European Central Bank for main refinancing operations;

Dismisses the action as to the remainder;

Orders the Commission to pay the costs.

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¹     OJ C 26, 26.1.2013 (case initially registered before the European Union Civil Service Tribunal under Case No F-132/12) and transferred to the General Court of the European Union on 1 September 2016.