28.1.2012

Official Journal of the European Union

C 25/43

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(Case C-617/11 P)

(2012/C 25/81)

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission

Form of order sought

—Set aside the judgment of 14 September 2011 in Case T-236/02 in so far as it rejected the claims seeking compensation and reparation made by the appellant in his written submissions at first instance;

—Order the Commission to pay the costs and allow in their entirety and without any exception whatsoever the claims seeking compensation and reparation;

—In the alternative, refer the case back in part to the General Court for a fresh decision on the claims seeking compensation and reparation.

Pleas in law and main arguments

—Errors of procedure so serious as to damage irreparably the interests of the appellant;

—total failure to state grounds, as well irrational, tautological, illogical and inconsistent reasoning, and misinterpretation and misapplication of Annex X to the Staff Regulations of Officials of the European Union, of the rules on the interpretation of laws and of the conditions governing the liability of a European Union institution for payment of compensation for damage;

—confused and arbitrary reasoning and distortion and misrepresentation of the facts;

—distortion and misrepresentation of the facts and misinterpretation and misapplication of the rules on the admissibility of documents instituting proceedings.

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