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Case C-433/12 P: Appeal brought on 26 September 2012 by Luigi Marcuccio against the order of the General Court (Second Chamber) delivered on 3 July 2012 in Case T-27/12 Marcuccio v Court of Justice

ECLI:EU:UNKNOWN:62012CN0433

62012CN0433

September 26, 2012
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17.11.2012

Official Journal of the European Union

C 355/13

(Case C-433/12 P)

2012/C 355/22

Language of the case: Italian

Parties

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

Other party to the proceedings: Court of Justice of the European Union

Form of order sought

Set aside in its entirety and without any exception the order of the General Court of 3 July 2012 in Case T-27/12;

order the Court of Justice to pay the costs incurred by the appellant relating to the proceedings at first instance and the appeal proceedings and allow in its entirety and without any exception whatsoever the relief sought in the main body of the application at first instance;

in the alternative, refer the case back to the General Court for a fresh decision on the substance.

Pleas in law and main arguments

The order under appeal is clearly defective on account of a total failure to state reasons, unreasonableness, illogicality and distortion of the facts. The General Court erred in classifying certain letters sent by the appellant to the First Advocate General of the Court of Justice as requests for review within the meaning of Article 256(2) TFEU.

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