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Case C-59/06 P: Judgment of the Court (Second Chamber) of 6 December 2007 — Luigi Marcuccio v Commission of the European Communities (Appeal — Officials — Employment in a non-Member State — Reassignment of post and post holder — Duty to respect the rights of the defence — Scope — Burden of proof)
ECLI:EU:UNKNOWN:62006CA0059
62006CA0059
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Official Journal of the European Union
(Case C-59/06 P) (<span class="super">1</span>)
(Appeal - Officials - Employment in a non-Member State - Reassignment of post and post holder - Duty to respect the rights of the defence - Scope - Burden of proof)
(2008/C 22/12)
Language of the case: Italian
Parties
Appellant: Luigi Marcuccio (represented by: L. Garofalo, avvocato)
Other party to the proceedings: Commission of the European Communities (represented by: J. Curral and C. Berardis-Kayser, Agents, A. Dal Ferro, avvocato)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 24 November 2005 in Case T-236/02 Marcuccio v Commission by which that Court dismissed an action seeking annulment of the Commission decision reassigning the appellant's post at the delegation of the Commission in Luanda (Angola) to the Commission's headquarters in Brussels and a claim for damages
Operative part of the judgment
The Court:
1.Sets aside the judgment of the Court of First Instance of 24 November 2005 in Case T-236/02 Marcuccio v Commission;
2.Refers the case back to the Court of First Instance of the European Communities;
3.Reserves the costs.
* * *
(<span class="super">1</span>) OJ C 96, 22.4.2006.