8.12.2012

EN

Official Journal of the European Union

C 379/32

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(Case T-464/12 P (R))

2012/C 379/53

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission

Form of order sought by the appellant

—Set aside the order under appeal in its entirety and without exception.

Pleas in law and main arguments

The present appeal is brought against the decision of the President of the Civil Service Tribunal of 3 August 2012 rejecting the application for suspension of the operation of: (i) the Commission’s decision rejecting the appellant’s request for payment of the sum of EUR 1 661, unlawfully deducted, in the appellant’s opinion, from his invalidity allowance; (ii) the Commission’s implied decision dismissing the appellant’s complaint; and (iii) any decision on the basis of which the Commission deducted the sum of EUR 1 661 from the appellant’s invalidity allowance for the months of June, July, August and September 2011.

The appellant relies on two grounds of appeal.

—First ground, alleging absolute failure to state reasons in the order under appeal, distortion and misrepresentation of the facts, reasons which are manifestly illogical, unreasonable and arbitrary, as well as manifest error of assessment with regard to those reasons, in particular with regard to paragraphs 22 to 28 of the order.

—Second ground, alleging incorrect, false and unreasonable interpretation and clear breach of Article 86 of the Rules of Procedure of the Civil Service Tribunal, with regard to the order to ‘pay to the Tribunal the sum of EUR 1 000’.

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