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Case F-58/12: Order of the Civil Service Tribunal (Third Chamber) of 12 December 2013 — Marcuccio v Commission (Civil service — Decision to retire an official on grounds of invalidity — Annulment by the Tribunal on the ground of failure to state reasons — Request for implementation of the judgment — Request for reinstatement — Judgment of the Tribunal set aside — No interest in bringing proceedings — Article 266 TEU — Non-contractual liability of the institution — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62012FB0058
62012FB0058
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Official Journal of the European Union
C 31/20
(Case F-58/12) (<span class="super">1</span>)
(Civil service - Decision to retire an official on grounds of invalidity - Annulment by the Tribunal on the ground of failure to state reasons - Request for implementation of the judgment - Request for reinstatement - Judgment of the Tribunal set aside - No interest in bringing proceedings - Article 266 TEU - Non-contractual liability of the institution - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2014/C 31/35
Language of the case: Italian
Parties
Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)
Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)
Re:
Application for annulment of the Commission’s implied decision refusing the applicant’s request to implement the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission and, on that basis, assignment of the applicant to duties relating to a post in the function group corresponding to the former’s grade and an application for damages.
Operative part of the order
1.The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.
2.Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.
(<span class="super">1</span>) OJ C 295, 29.09.2012, p. 33.