ORDER OF THE GENERAL COURT (Appeal Chamber)
20 November 2012
Case T‑491/11 P
Luigi Marcuccio
v
European Commission
(Appeal — Civil service — Officials — Duration of the procedure for recognising partial permanent invalidity — Harm allegedly suffered by the appellant — Reimbursement of avoidable costs — Action at first instance dismissed as manifestly devoid of any basis in law — Article 94(a) of the Rules of Procedure of the Civil Service Tribunal)
Appeal: against the order of the Civil Service Tribunal of the European Union (Third Chamber) of 30 June 2011 in Case F‑14/10 Marcuccio v Commission [2011] ECR-SC seeking to have that order set aside.
Held: The appeal is dismissed. Mr Luigi Marcuccio is to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.
Summary
1. Officials — Decision adversely affecting an official — Obligation to state reasons — Scope — No statement of reasons — Rectified in the response to the complaint
(Staff Regulations, Art. 25)
2. Union law — Principles — Rights of defence — Audi alteram partem rule — Compliance in the context of judicial proceedings — Scope
3. Appeals — Pleas in law — Plea against the Civil Service Tribunal’s decision as to costs — Inadmissible if all other pleas are rejected
(Statute of the Court of Justice, Annex I, Art. 11(2))
1. See the text of the decision.
(see para. 24)
See:
T‑221/02 Lebedef and Others v Commission [2003] ECR-SC I‑A‑211 and II‑1037, para. 62
2. See the text of the decision.
(see para. 32)
See:
C‑197/09 RX-II Review M v EMEA [2009] ECR I‑12033, paras 39 to 42
3. See the text of the decision.
(see para. 40)
See:
Judgment of 18 October 2010 in T‑515/09 P Marcuccio v Commission, not published in the ECR, para. 59