Appeal brought on 16 June 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 31 March 2009 in Case F-146/07, Marcuccio v Commission

(Case T-239/09 P)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

In any event:

Set aside in its entirety and without exception the order under appeal;

Declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible in its entirety and without any exception whatsoever.

In the main:

Allow in its entirety and without any exception whatsoever the relief sought at first instance, and order the Commission to reimburse the applicant in respect of all costs and fees incurred in relation to the present case at all stages of the proceedings.

In the alternative:

Refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.

Pleas in law and main arguments

The present appeal has been brought against the order of 31 March 2009 in Case F-146/07 by which the Civil Service Tribunal (CST) dismissed, as partly inadmissible and partly unfounded, an action for annulment of the Commission's decision not to follow up on the appellant's request for an investigation into a postal package contaminated by anthrax, of which the applicant was a victim during the period when he was posted to the Commission's delegation in Angola, as well as a claim for compensation in respect of the damage suffered as a result of that decision.

In support of his appeal, the appellant claims that the CST erred in law in the case of a number of statements that it made concerning the inadmissibility and the unfounded nature of the appellant's submissions at first instance; the appellant also claims misrepresentation and distortion of the facts.

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