Order of the Civil Service Tribunal (Single judge) of 4 June 2013 – Marcuccio v Commission

(Case F-119/11) 1

(Civil service – Article 34(1) of the Rules of Procedure – Application lodged by fax within the time-limit for bringing proceedings and signed by means of a seal or other means of reproducing the lawyer’s signature – Action lodged out of time)

Language of the case: Italian

Parties

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

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

Re:

Application for annulment of the Commission’s implied decision rejecting the applicant’s claim for, first, compensation for the damage purportedly sustained as a result of the fact that agents of the Commission entered his official lodgings in Luanda on 14, 16 and 19 March 2002 and, second, communication to him of the copies of the photographs taken on that occasion and the destruction of all documentation relating to that event.

Operative part of the order

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

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

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1 OJ C 25, 28.1.2012, p. 71.