Order of the Civil Service Tribunal (First Chamber) of 25 June 2013 – Marcuccio v Commission

(Case F-28/12)¹

(Civil service– Request to remove a sentence from a medical report – Accident or occupational disease – Implied rejection of the request)

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 G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Application to annul the implied decision refusing the applicant’s request to remove a sentence from the medical report of 28 February 2008, to send a new report thus amended to the doctor chosen by the applicant and also in general remove from the file on the applicant’s work-related injury any information relating the claim, which the applicant maintains is incorrect, that the powder with which the applicant came into contact was ultimately shown to be the white dust of a copy of a newspaper to which the applicant subscribed.

Operative part of the order

1.    The action is dismissed as manifestly unfounded.

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

3.    Mr Marcuccio is ordered to pay to the Civil Service Tribunal of the European Union the sum of EUR 2 000.

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¹ OJ C 174, 16.6.2012, p. 31.