15.1.2011

EN

Official Journal of the European Union

C 13/42

(Case F-104/10)

()

2011/C 13/85

Language of the case: Italian

Parties

Applicants: Mario Alberto de Pretis Cagnodo and Serena Trampuz (Trieste, Italy) (represented by: C. Falagiani, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision refusing to reimburse 100 % of certain medical expenses in connection with the hospitalisation of the wife of a retired official.

Form of order sought

—Suspend, or in any event prohibit provisionally, implementation of the compulsory recovery procedure for the sums at issue, in the light of the prima facie case disclosed by the present application, the serious material loss which the applicants would otherwise suffer and the lack of clarity in relation to the computation of the contested sums and, consequently, prohibit temporarily the automatic deduction of such sums from the pension of Mr de Pretis Cagnodo;

—declare that that the applicants are not required to reimburse any payments made by the claims settlement office, Ispra and, consequently, order the Commission to withdraw the claim for reimbursement of the sum of EUR 41 833 — or any other such sum claimed — and to desist from any automatic deduction of that amount from the pension of Mr de Pretis Cagnodo, it having been confirmed and declared that Mrs Trampuz can in no way be criticised or censured regarding the calculation and payment of the costs of the hospital stay as claimed by the hospital where she was admitted, the illness which caused her to be hospitalised and the surgery which she underwent have been categorised as ‘serious’, and the length of time for which she was admitted regarded as inevitable and clinically correct;

—order the defendant to pay the costs.