EN

Official Journal of the European Union

C 317/45

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(Case T-450/10 P)

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2010/C 317/80

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 9 July 2010. That order dismissed as partly manifestly inadmissible and partly unfounded an action which sought primarily compensation for damage which the appellant claims to have suffered as a result of a request sent to him to undergo certain medical examinations necessary for the purpose of any assessment as to his invalidity.

In support of his claims, the appellant submits that no reasons are stated whatsoever in the order under appeal in support of the findings relating to the alleged inadmissibility of the claim for damages.

The appellant also alleges unreasonable misinterpretation and misapplication Article 270 TFEU, Article 90 of the Staff Regulations of Officials of the European Union, the principles of legal certainty, the right to judicial protection, the hierarchy of sources of law, the separation of powers and of the principle that the court is subject to the law.

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