ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

8 November 2013

Case F‑9/13

Luigi Marcuccio

v

European Commission

(Civil service — Period allowed for commencing proceedings — Out of time — Action manifestly inadmissible)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Marcuccio essentially seeks annulment of the European Commission’s decision to set off a debt owed by the applicant to the Commission against a debt owed by the Commission to the applicant.

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

Summary

Actions brought by officials — Time-limits — Point from which time starts to run — Notification — Definition — Decision rejecting his complaint addressed to an official in a language of which he has sufficient knowledge — Included

(Staff Regulations, Art. 91(3))

The notification of a decision rejecting a complaint in a language which is neither the mother tongue of the official nor that in which the complaint was drafted is lawful provided that the person concerned is able to have effective knowledge of it.

(see para. 24)

See:

7 February 2001, T‑118/99 Bonaiti Brighina v Commission, paras 16 to 19