EN

Official Journal of the European Union

C 138/36

(Case F-32/12)

(2012/C 138/86)

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 annulment of the Commission’s implied decision not to reimburse a quarter of the costs incurred by the applicant in Case F-56/09 Marcuccio v Commission, which the defendant was ordered to pay by judgment of 9 June 2011.

Form of order sought

The applicant claims that the Court should:

—Annul the decision issued by — or in any event attributable to — the Commission rejecting — howsoever and whether in full or in part — the claims set out in the application of 4 January 2011;

—In so far as necessary, annul the decision, whatever the form in which it was adopted, rejecting the applicant’s complaint of 20 July 2011 against the decision rejecting the application of 4 January 2011;

—In so far as necessary, confirm that, also by failing to adopt a position in respect of the application of 4 January 2011, the Commission has unlawfully abstained from adopting the measures necessary for compliance with the judgment of the Tribunal delivered on 9 June 2010 in Case F-56/09 Marcuccio v Commission, in particular paragraph 4 of the operative part of that judgment;

—Order the Commission to pay to the applicant the sum of EUR 3 174,87, which, if and in so far as it is not paid to the applicant, will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from tomorrow and until the day on which payment of that sum takes place;

—Order the Commission to pay to the applicant the sum of EUR 10 per day for each additional day which, with effect from tomorrow and ad infinitum, passes while the failure on the part of the Commission to pay to the applicant the abovementioned sum of EUR 3 174,87 or, at the very least, to adopt an express position in relation to the application of 4 January 2011 persists, it being necessary for that sum of EUR 10 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

—Order the Commission to pay the costs.