19.7.2008

Official Journal of the European Union

C 183/18

(Case T-18/04)(Social Security - Application for assumption of responsibility for medical expenses - Implied rejection of the application)

(2008/C 183/37)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: initially A. Distante, then G. Cipressa, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and J. Curral, Agents, assisted by A. Dal Ferro, lawyer)

Re:

First, an application for annulment of the Appointing Authority's implied decision rejecting the applicant's application of 25 November 2002 for reimbursement of 100 % of medical expenses under Article 72 of the Staff Regulations of Officials of the European Communities, secondly, an application for annulment of the implied decision rejecting the applicant's complaint against the rejection of the application of 25 November 2002, thirdly, an application for a declaration of the applicant's entitlement, under Article 72 of the Staff Regulations, to reimbursement of 100 % of the medical expenses incurred in the treatment for the diseases from which he suffered and, fourthly, an application for an order that the Commission pay 100 % of those medical expenses.

Operative part of the judgment

The Court:

1.Annuls the implied rejection of the application of 25 November 2002;

2.Dismisses the remainder of the action;

3.Orders the Commission to pay the costs.

* * *

(1) OJ C 71 of 20.3.2004.