ORDER OF THE GENERAL COURT (Appeal Chamber)

15 July 2011

Case T-366/10 P

Luigi Marcuccio

v

European Commission

(Appeal – Civil service – Officials – Non-contractual liability – Reimbursement of recoverable expenses – Parallel proceedings exception – Procedural defects – Rights of the defence – Appeal manifestly inadmissible in part and manifestly unfounded in part)

Appeal:      brought against the order of the European Union Civil Service Tribunal (First Chamber) of 22 June 2010, Case F‑78/09 Marcuccio v Commission, and seeking to have that order set aside.

Held:      The appeal is dismissed. Mr Luigi Marcuccio is to bear his own costs and to pay those incurred by the European Commission in the present proceedings.

Summary

Procedure – Costs – Taxation – Specific procedure excluding the use of a procedure for liability

(Art. 236 EC; Rules of Procedure of the General Court, Art. 92(1); Staff Regulations, Arts 90 and 91)

The specific procedure for seeking taxation of costs, provided for in Article 92(1) of the Rules of Procedure of the General Court, excludes any claim for the same sums, or sums expended for the same purposes, in connection with proceedings alleging non-contractual liability on the part of the European Union. The application of that principle in an action alleging non-contractual liability on the part of a Union institution in its capacity as an official’s employer does not constitute an infringement of Articles 90 and 91 of the Staff Regulations, since the relationship which exists between the parties under the Staff Regulations is independent of the fact that the legislature introduced, on the taxation of costs, a specific procedure laid down in Article 92(1) of the Rules of Procedure, which applies without exception to actions in staff cases.

(see paras 27, 30, 31)

See: T-214/00 X v Commission [2001] ECR-SC I-A-143 and II-663, paras 37 and 38