EN

Official Journal of the European Union

C 138/33

(Case F-17/12)

(2012/C 138/77)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for an order that the Commission pay compensation for the damage which the applicant claims to have sustained as a result of the excessive duration of the procedure for recognising the serious nature of the illness from which he suffered.

Form of order sought

—Annul the decision, whatever the form in which it was adopted, by which the Commission rejected the request of 23 November 2010 sent by the applicant to the appointing authority;

—Annul the note of 24 January 2011, bearing in the top right-hand corner the reference ‘Ref Ares (2011) 74616 — 24.11.2011’, issued by the Commission;

—In so far as necessary, annul the decision, whatever the form in which it was adopted, rejecting the applicant’s complaint against the note of 24 January 2011;

—In so far as necessary, annul the note of 23 September 2011, bearing in the top right hand corner the reference ‘Ref Ares (2011) 1010393 — 23.09.2011’;

—In so far as necessary, confirm that the procedure instigated following the application for recognition of the applicant’s right, under Article 72 of the Staff Regulations, to 100 % reimbursement of the medical expenses incurred by him continued for more than five years;

—In so far as necessary, declare that the duration of the procedure in question has exceeded what could be deemed reasonable;

—Accordingly, order the Commission to make reparation for the damage unjustly suffered to date by the applicant on account of the unreasonable duration of the procedure in question by paying to him the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may deem to be just and fair;

—Order the Commission to pay to the applicant, from the day following that on which the request of 23 November 2010 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum, with annual capitalisation, at the rate of 10 % per annum;

—Order the Commission to pay the costs.