Judgment of the General Court) of 14 September 2011 - Marcuccio v Commission
(Referral to the General Court after annulment - Civil service - Officials - Employment in a non-Member state - Reassignment of post and post holder - Rights of the defence - Claim for damages - Full jurisdiction)
Language of the case: Italian
Parties
Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: L. Garofolo, lawyer)
Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)
Re:
First, application for annulment of the European Commission's decision of 18 March 2002 which reassigned the applicant from the Directorate-General for Development, Commission Delegation in Luanda (Angola), to the Directorate General for Development in Brussels (Belgium), of all preliminary, connected or consecutive measures, in particular those relating to the recruitment of another official to occupy his post, of the Commission's notes of 13 and 14 November 2001 and of the opinion or opinions of the External Service Steering Committee, and, second, a claim for allowances in connection with his duties in Angola and damages for harm suffered.
Operative part of the judgment
The Court:
Annuls the decision of the European Commission of 18 March 2002 which reassigned Mr Luigi Marcuccio from the Directorate-General for Development, Commission Delegation in Luanda (Angola), to the Directorate-General for Development in Brussels (Belgium).
Dismisses the application as to the remainder.
Orders the Commission to bear its own costs and to pay the costs incurred by Mr Marcucccio.
____________1 - OJ C 233, 28.9.2002.