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Case T-551/16: Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission (Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm)
ECLI:EU:UNKNOWN:62016TA0551
62016TA0551
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11.12.2017
Official Journal of the European Union
C 424/32
(Case T-551/16) (<span class="super note-tag">1</span>)
((Civil Service - Officials - Exposure to asbestos and other substances - Industrial disease - Article 73 of the Staff Regulations - Common rules on the insurance against the risk of accident and of occupational disease - Article 14 - Article 266 TFEU - Misuse of power - Medical Committee - Collegiate principle - Breach of the Medical Committee’s mandate - Obligation to state reasons - Action for compensation - Length of the proceedings - Non-pecuniary harm))
(2017/C 424/46)
Language of the case: Italian
Parties
Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented initially by: M Velardo, and subsequently by: L. Gialluca, lawyers)
Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)
Re:
Action brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20 % of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered.
Operative part of the judgment
The Court:
1.Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20 % of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease;
2.Orders the Commission to pay Mr Lucaccioni compensation of EUR 5 000 in respect of the non-pecuniary harm caused;
3.Dismisses the remainder of the action;
4.Orders the Commission to pay the costs.
(<span class="super">1</span>) OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal under number F-74/15 and transferred to the General Court of the European Union on 1.9.2016).