27.2.2010

EN

Official Journal of the European Union

C 51/39

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(Case T-515/09 P)

2010/C 51/74

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission

Form of order sought by the appellant

—In any event, set aside in its entirety and without exception the order under appeal,

—declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible in its entirety and without any exception whatsoever,

—allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance;

—order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings;

—in the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.

Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 7 October 2009 in Case F-3/08. That order dismissed as manifestly unfounded an action seeking annulment of the Commission’s decision refusing to send to the appellant a translation in Italian of a previous decision and an order that the Commission pay compensation for the damage resulting from that refusal. The order under appeal also ordered the appellant, pursuant to Article 94(a) of the Rules of Procedure of the CST, to pay to the Tribunal the sum of EUR 1 000.

In support of his claims, the appellant relies on the following pleas:

—a total failure to state reasons and distortion and misrepresentation of the facts insofar as concerns the assertions made by the CST concerning whether it was possible for the appellant to understand the content of the letter in question in the language version in which it was notified to him.

—Failure to have regard to the rules of law relating to the right of any individual to apply to a Community institution using any of the official languages of the Union and to receive a reply in the same language.

—Misinterpretation and misapplication of Article 94 of the Rules of Procedure of the CST.

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