EN

Official Journal of the European Union

C 65/27

(Case F-3/12)

2012/C 65/54

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for an order that the Commission pay compensation for the damage which the applicant claims to have sustained as a result of the excessive duration of the procedure for recognising the serious nature of the illness from which he suffered.

Form of order sought

—Annul the decision by which the Commission rejected the request of 23 November 2010 sent by the applicant to the appointing authority;

—Annul Note HR.D.2/MB/ls/Ares(2011) 74616 of 24 January 2011, received by the applicant in person on 3 March 2011 and by his legal representative on a date not before 25 February 2011;

—In so far as necessary, annul the measure, whatever the form in which it was adopted, by which the Commission rejected the complaint of 20 May 2011 against the decision rejecting the request of 23 November 2010, annul that decision, grant the request of 23 November 2010 and uphold the complaint of 20 May 2011 sent by the applicant to the appointing authority;

—In so far as necessary, confirm that the procedure for settlement of the claim of 25 November 2002 sent by the applicant to the EC continued for more than five years;

—In so far as necessary, declare that, already by the date of the request of 23 November 2010, the duration of the procedure in question had exceeded what could be deemed reasonable and, on that ground alone, was excessive and unlawful;

—Accordingly, order the Commission to make reparation for the material and non-material damage unjustly suffered by the applicant up to the date of the request of 23 November 2010, on account of the unreasonable, excessive and unlawful duration of the procedure in question, by paying to him the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may deem to be just and fair;

—Order the Commission to pay to the applicant, from the day following that on which the request of 23 November 2010 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum, with annual capitalisation, at the rate of 10 % per annum, or at the rate which the Tribunal may deem to be just and fair;

—Order the Commission to pay the costs.