Judgment of the General Court of 8 June 2011 - Commission v Marcuccio
(Appeal - Civil service - Officials - Invalidity pension - Action declared founded in part at first instance on the grounds of failure to state the reasons for the contested decision - Article 78 of the Staff Regulations - Retirement on grounds of invalidity - Invalidity Committee)
Language of the case: Italian
Parties
Appellant: European Commmission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)
Other party to the proceedings: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-41/06 Marcuccio v Commission, not published in the ECR, seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-41/06 Marcuccio v Commission in so far as the Civil Service Tribunal annulled the decision of the European Commission of 30 May 2005 by which Mr Marcuccio was retired on grounds of invalidity and granted an invalidity allowance, in so far as it ordered the Commission to pay to Mr Marcuccio the sum of EUR 3000 and in so far as it divided the costs on the basis of the annulment and order for payment (paragraphs 1, 2, 4 and 5 of the operative part of the judgment).
Refers the case back to the Civil Service Tribunal.
Costs reserved.
____________1 - OJ C 55, 7.3.2009.