13.3.2010

EN

Official Journal of the European Union

C 63/52

(Case F-1/10)

2010/C 63/93

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decisions rejecting applicant’s requests for 100 % reimbursement of certain medical expenses.

Form of order sought

—Annul the decisions, in whatever form, by which the two claims for reimbursement of 25 December 2008 were rejected;

—annul the decision, in whatever form, by which the request of 27 December 2008 was rejected;

—annul, quatenus opus est, the decision, in whatever form, rejecting the applicant’s complaint of 11 July 2009 against both decisions rejecting the two claims for reimbursement of 25 December 2008 and against the decision rejecting the request of 27 December 2008;

—annul, quatenus opus est, the note of 21 September 2009, received by the applicant on 26 October 2009, which was not written in Italian, and the Italian translation of that note received on 24 December 2009;

—order the Commission to pay to the applicant, without undue delay, by way of 100 % reimbursement of the medical expenses incurred by him for which he claimed reimbursement under the Joint Sickness Insurance Scheme, the sum of EUR 2 519.08, or such lesser sum as the Tribunal may consider just and equitable, together with interest on the aforementioned sum, from the first day of the fifth month after the date on which the addressee of the request of 27 December 2008 and the two claims for reimbursement of 25 December 2008 was in a position to inspect them, at the rate of 10 % per annum, with annual capitalisation, or at such rate with capitalisation and from such date as the Tribunal may consider appropriate;

—order the Commission to pay to the applicant, without undue delay, the difference between the amount paid by him in respect of medical expenses incurred between 1 December 2000 and 30 November 2008 inclusive, in relation to which the applicant made numerous claims for reimbursement under the Joint Sickness Insurance Scheme in the period between 1 December 2000 and 30 November 2008, and the amount reimbursed to him to date, or such amount as the Tribunal may consider just and equitable in that connection, together with interest on the difference between such amounts or on such amount as the Tribunal may consider just and equitable, from the first day of the fifth month after the date on which the addressee of the request of 27 December 2008 was in a position to inspect it, at the rate of 10 % per annum, with annual capitalisation, or at such rate with capitalisation and from such date as the Tribunal may consider appropriate;

—order the Commission to pay the costs.