Language of document :

Order of the Civil Service Tribunal (Second Chamber) of 28 June 2013 – Marcuccio v Commission

(Case F-44/11) 1

(Civil service – Article 34(1) and (6) of the Rules of Procedure – Application lodged by fax within the period for bringing proceedings, extended on account of distance by a period of ten days – Application received by post within the following ten days – Applications not the same – Action out of time)

Language of the case: Italian


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

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


Application for an order that the Commission pay a sum by way of compensation for the damage allegedly suffered by the applicant because of the request made by the Commission’s Medical Officer to the applicant’s doctor for certain information regarding the medical treatment received by the applicant

Operative part of the order

1.    The action is dismissed as manifestly inadmissible in part and manifestly unfounded in part.

2.    Mr Marcuccio is ordered to bear his own cost and to pay the costs incurred by the European Commisison.


1 OJ C 186, 25.6.2011, p. 34.