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Case F-104/10: Judgment of the Civil Service Tribunal (Second Chamber) of 16 May 2013 — de Pretis Cagnodo and Trampuz de Pretis Cagnodo v Commission (Civil service — Social security — Serious illness — Concept — Hospitalisation — Reimbursement — Direct payment by the claims settlement office — No upper limit in the general implementing provisions for costs of stay — Obligation to inform the insured beforehand in the event of excessive billing)

ECLI:EU:UNKNOWN:62010FA0104

62010FA0104

May 16, 2013
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29.6.2013

Official Journal of the European Union

C 189/30

(Case F-104/10)(1)

(Civil service - Social security - Serious illness - Concept - Hospitalisation - Reimbursement - Direct payment by the claims settlement office - No upper limit in the general implementing provisions for costs of stay - Obligation to inform the insured beforehand in the event of excessive billing)

2013/C 189/62

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 (represented by: J. Currall and D. Martin, acting as Agents, A. Dal Ferro, lawyer)

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 applicant’s wife.

Operative part of the judgment

The Court:

1.Annuls the decision of the claims settlement office, Ispra (Italy), as evidenced by payment note No 10 of 1 October 2009, charging Mr de Pretis Cagnodo the amount of EUR 28 800 for costs of stay for Mrs Trampuz de Pretis Cagnodo, considered excessive;

2.Dismisses the action as to the remainder;

3.Orders the European Commission to bear all its own costs and to pay all costs incurred by Mr de Pretis Cagnodo and Mrs Trampuz de Pretis Cagnodo.

(1) OJ C 13, 15.1.2011, p. 42.

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