EN

Official Journal of the European Union

C 55/48

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(Case T-16/09 P)

(2009/C 55/86)

Language of the case: Italian

Parties

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

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

—In any event:

A.1A decision setting aside the order under appeal, in its entirety and without exception.

A.2A declaration that the action at first instance was perfectly admissible.

—The principal claim:

B.1The granting in toto and without exception of the appellant's claims at first instance;

B.2an order that the respondent should pay in favour of the appellant all costs, fees and expenses incurred by him both at first instance and on appeal;

B.3refer the case back to the Civil Service Tribunal, sitting in a different formation, so that it may give a fresh decision on the merits of the case.

Pleas in law and main arguments

The decision under appeal in this case is the order made by the Civil Service Tribunal on 4 November 2008 in Case T-87/07 Marcuccio v Commission.

The pleas in law and main arguments are similar to those put forward in Case T-9/09 Marcuccio v Commission.

The appellant claims, in particular, that the Civil Service Tribunal did not rule on a fundamental aspect of the dispute, that is to say, authorisation to produce a note signed by a doctor. He also alleges that the order lacks any reasoning and is illogical in respect of the alleged inadmissibility of the claim for damages, of the claim that the Tribunal should make a declaration establishing the reality of the actions and conduct complained of and, at least incidentally, declare them unlawful, and of the action at first instance as a whole.

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