21.6.2008

EN

Official Journal of the European Union

C 158/27

(Case F-42/08)

(2008/C 158/50)

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Confirmation of the fact that, on 18 March 2002, the Delegation of the European Commission in Angola despatched by fax a note, dated 18 March 2002 and addressed to the applicant, to a tele-fax machine which was neither under the applicant's control nor at his disposal; confirmation of the unlawful nature of that action; and an order directing the defendant to pay the sum of EUR 100 000 by way of damages.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

—annul the decision — in whatever form — rejecting the application dated 8 March 2007;

—annul, in so far as is necessary, the decision — in whatever form — rejecting the complaint dated 10 September 2007;

—annul, in so far as is necessary, the note dated 9 January 2008;

—confirm that, on 18 March 2002, the Delegation of the European Commission in Angola despatched by fax a note, dated 18 March 2002 and addressed to the applicant, to a tele-fax machine identified by the telephone/fax number +39.0833.54xxxx, and confirm and declare that that action was unlawful;

—order the defendant to pay the applicant, by way of compensation for past and present damage suffered in relation to the act which gave rise to the damage and caused by that act, the sum of EUR 100 000 — or, in the alternative, whatever sum, greater or smaller, that the Tribunal considers to be fair and just — together with compound interest, at the rate of 10 % per annum, calculated from the date of the application dated 8 March 2007 until the date of satisfaction;

—order the defendant to reimburse the applicant in respect of all costs, charges and fees incurred in the proceedings, including those relating to the drawing up of an expert's report, which may prove necessary for the purposes of verifying that there is sufficient evidence to justify ordering the defendant to pay the applicant the abovementioned sums, as well as the existence of any other fact relevant for the purposes of deciding the present dispute.