19.2.2011

Official Journal of the European Union

C 55/33

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(Case T-594/10 P)

2011/C 55/59

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission

Form of order sought by the appellant

—In any event, set aside in its entirety and without exception the order under appeal.

—Declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible.

—Allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance.

—Order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings.

—In the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.

Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 6 October 2010. That order dismissed as partly manifestly inadmissible and partly unfounded an action directed against the Commission’s refusal of his request for 100 % reimbursement of medical expenses relating to the illness from which he suffers.

In support of his appeal, the appellant submits that the findings concerning the object of the action and its admissibility were unlawful.

The appellant also alleges incorrect and unreasonable interpretation and application of Articles 90 and 91 of the Staff Regulations of Officials of the European Union and Article 94 of the Rules of Procedure of Civil Service Tribunal, a total failure to state reasons and failure to give a ruling on claim made by the appellant.

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