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Document 62008CO0528
Order of the Court (Seventh Chamber) of 9 December 2009. # Luigi Marcuccio v European Commission. # Appeal - Officials - Social security - Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official - Order of the Civil Service Tribunal disclaiming jurisdiction - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-528/08 P.
Order of the Court (Seventh Chamber) of 9 December 2009.
Luigi Marcuccio v European Commission.
Appeal - Officials - Social security - Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official - Order of the Civil Service Tribunal disclaiming jurisdiction - Appeal in part manifestly inadmissible and in part manifestly unfounded.
Case C-528/08 P.
Order of the Court (Seventh Chamber) of 9 December 2009.
Luigi Marcuccio v European Commission.
Appeal - Officials - Social security - Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official - Order of the Civil Service Tribunal disclaiming jurisdiction - Appeal in part manifestly inadmissible and in part manifestly unfounded.
Case C-528/08 P.
European Court Reports 2009 I-00212*;FP-I-B-2-00013
European Court Reports – Staff Cases 2009 II-B-2-00129
ECLI identifier: ECLI:EU:C:2009:761
ORDER OF THE COURT (Seventh Chamber)
9 December 2009
Case C-528/08 P
Luigi Marcuccio
v
European Commission
(Appeal – Officials – Social security – Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official – Order of declining jurisdiction from the Civil Service Tribunal – Appeal in part manifestly inadmissible and in part manifestly unfounded)
Appeal: brought against the order of the General Court (Fourth Chamber) in Case T-144/08 Marcuccio v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which the General Court dismissed as inadmissible an action for annulment of the decision to refuse the appellant’s request for 100% reimbursement of certain medical expenses, and seeking an order that the Commission pay the appellant the amount of EUR 89.56 as a supplementary reimbursement of his medical expenses or as compensation for loss.
Held: The appeal is dismissed. Mr Marcuccio is ordered to pay the costs of the appeal.
Summary
Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted
(Art. 225 EC; Statute of the Court of Justice, Art. 58)