13.3.2010

EN

Official Journal of the European Union

C 63/53

(Case F-2/10)

2010/C 63/94

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decisions rejecting the applicant’s requests for 100 % reimbursement of certain medical expenses.

Form of order sought

—Annul the decision, in whatever form, by which the request of 17 March 2009 was rejected;

—annul, quatenus opus est, the note of 9 June 2009;

—annul, quatenum opus est, the decision, in whatever form, rejecting the applicant’s complaint of 15 September 2009 against the decision rejecting the request of 17 March 2009;

—annul, quatenus opus est, the note of 22 September 2009;

—order the Commission to pay to the applicant the difference between the amount paid by him in respect of medical expenses incurred between 1 December 2000 and 17 March 2007 inclusive, in relation to which numerous claims for reimbursement were made in the period between 1 December 2000 and 17 March 2009, and the amount reimbursed to him to date under the Joint Sickness Insurance Scheme, or such amount as the Tribunal may consider just and equitable in that connection, together with interest on the difference between such amounts or on such amount as the Tribunal may consider just and equitable, from the first day of the fifth month after the date on which the addressee of the request of 17 March 2009 was in a position to inspect it, at the rate of 10 % per annum, with annual capitalisation, or at such rate with capitalisation and from such date as the Tribunal may consider appropriate.

—order the Commission to pay the costs.