EUR-Lex & EU Commission AI-Powered Semantic Search Engine
Modern Legal
  • Query in any language with multilingual search
  • Access EUR-Lex and EU Commission case law
  • See relevant paragraphs highlighted instantly
Start free trial

Similar Documents

Explore similar documents to your case.

We Found Similar Cases for You

Sign up for free to view them and see the most relevant paragraphs highlighted.

Order of the Civil Service Tribunal (First Chamber) of 4 November 2008. # Luigi Marcuccio v Commission of the European Communities. # Case F-133/06.

ECLI:EU:F:2008:133

62006FO0133(01)

November 4, 2008
With Google you find a lot.
With us you find everything. Try it now!

I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

(Civil service – Officials – Application for the restitution of personal property – Decision rejecting the complaint drafted in a language other than the official’s native language – Action out of time – Manifest inadmissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks, first, annulment of the Commission decision rejecting his application to have delivered to him, at his current residence, property previously left at the official lodgings assigned to him when he was posted to the Commission Delegation in Angola, and second, an order for the institution to pay him damages.

Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to pay the costs.

Summary

(Staff Regulations, Art. 91(3))

(Rules of Procedure of the Court of First Instance, Art. 87(3), second para.; Rules of Procedure of the Civil Service Tribunal, Art. 122)

1.The notification of a decision rejecting a complaint in a language which is neither the mother tongue of the official nor that in which the complaint was drafted is lawful provided that the person concerned is able to have effective knowledge of it.

(see para. 42)

See:

T-118/99 Bonaiti Brighina v Commission [2001] ECR-SC I‑A‑25 and II‑97, para. 17

F‑51/05 and F‑18/07 Duyster v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 57

2.It is appropriate to apply the second paragraph of Article 87(3) of the Rules of Procedure of the Court of First Instance, applicable mutatis mutandis to cases pending before the Civil Service Tribunal before the entry into force of its own Rules of Procedure on 1 November 2007, and to order the official to bear all the costs, since he insisted on obstructing the administration by refusing to cooperate with it, and by choosing to initiate proceedings without any justification.

(see paras 55, 56, 58)

See:

T-241/03 Marcuccio v Commission [2006] ECR-SC I‑A‑2‑111 and II‑A‑2‑517, para. 65

F-40/06 Marcuccio v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 50, currently the subject of an appeal before the Court of First Instance, Case T‑46/08 P

EurLex Case Law

AI-Powered Case Law Search

Query in any language with multilingual search
Access EUR-Lex and EU Commission case law
See relevant paragraphs highlighted instantly

Get Instant Answers to Your Legal Questions

Cancel your subscription anytime, no questions asked.Start 14-Day Free Trial

At Modern Legal, we’re building the world’s best search engine for legal professionals. Access EU and global case law with AI-powered precision, saving you time and delivering relevant insights instantly.

Contact Us

Tivolska cesta 48, 1000 Ljubljana, Slovenia