19.6.2010

EN

Official Journal of the European Union

C 161/57

(Case F-21/10)

(2010/C 161/92)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s request for compensation for the damage suffered as a result of the fact that the defendant sent a debit note relating to the fees of the lawyer who assisted him in Case T-241/03 to the lawyer who represented him in that case rather than to the applicant himself.

Form of order sought

—Annul the implied decision rejecting the request of 23 February 2009.

—In so far as necessary, annul the act, in whatever form, rejecting the complaint of 14 September 2009 against the decision rejecting the request of 23 February 2009.

—In so far as necessary, annul the note of 1 December 2009 written in French received by the applicant on 19 January 2010 enclosed with the attached translation of the note in Italian.

—Order the Commission to make reparation for the material and non-material damage unjustly suffered by the applicant as a result of the fact that the note of 4 December 2006 was prepared and sent to the lawyer who represented him in Case T-241/03 by paying to the applicant the sum of EUR 10 000, or such other sum as the General Court may consider just and equitable.

—Order the Commission to pay to the applicant, with effect from the date following that on which the request of 23 February 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation.

—Order the Commission to pay the costs.