25.6.2011

EN

Official Journal of the European Union

C 186/34

(Case F-40/11)

2011/C 186/63

Language of the case: Italian

Parties

Applicant: ZZ (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision setting out the benefits to which the applicant is entitled as a result of his permanent partial invalidity.

Form of order sought

—Quatenus opus est, annul — in so far as it provided that the applicant was to be paid, as indeed he was paid, the sum of EUR 10 682,29 — the draft decision of 2 June 2010 of the Commission concerning the guarantees afforded to the applicant under Article 73 of the Staff Regulations in relation to an accident which he sustained on 17 June 2005;

—annul — in so far as it provided that the applicant was to be paid, as indeed he was paid, the sum of EUR 10 682,29 — the decision into which the draft decision of 2 June 2010 was converted upon expiry of the period laid down by law for the notification of the draft decision to the applicant without the applicant having had the opportunity to consult the Medical Committee;

—in so far as necessary, annul the measure rejecting the complaint of 26 August 2010;

—order the European Commission to pay without delay to the applicant the difference between what should have been awarded to him under Article 73 of the Staff Regulations in relation to the accident in question, and the sum of EUR 10 682,29 already awarded to him, together with interest on that difference at the rate of 10 % per year, with annual capitalisation, starting from 24 August 2010;

—order the Commission to pay the costs.