(Third Chamber)

20 September 2013

Case F‑99/11

Luigi Marcuccio


European Commission

(Civil service — Remuneration — Payment of arrears of remuneration — Interest in bringing proceedings — Action manifestly inadmissible)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, essentially seeking annulment of the decision by which the European Commission rejected Mr Marcuccio’s request of 20 August 2010 for payment of arrears of remuneration for the period from 1 June 2005 to 31 July 2010.

Held:      The application is dismissed as manifestly inadmissible. Mr Marcuccio is to bear his own costs and is ordered to pay those incurred by the European Commission.


Officials — Actions brought by officials — Interest in bringing proceedings — Need for a vested and present interest — To be determined as at the time the application is filed — Action capable of benefiting the applicant

(Staff Regulations, Arts 90 and 91)

In order for an official or former official to seek, in the context of an application under Articles 90 and 91 of the Regulations, the annulment of an act which adversely affects him within the meaning of Article 90(2), he must have, at the time he brings the action, a vested and present interest, which is sufficiently established to have that act annulled. Such an interest presupposes that the action if successful is capable of benefiting him.

(see para. 22)


29 November 2006, T‑35/05, T‑61/05, T‑107/05, T‑108/05 and T‑139/05 Agne-Dapper and Others v Commission and Others, para. 35 and the case-law cited