ORDER OF THE CIVIL SERVICE TRIBUNAL (First Chamber)

11 May 2007

Case F-2/06

Luigi Marcuccio

v

Commission of the European Communities

(Officials – Social security – Insurance against the risk of accident and of occupational disease – Accident at work – Termination of the application procedure under Article 73 of the Staff Regulations)

Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio seeks annulment of the Commission’s decision to terminate the procedure for granting the applicant the benefits provided for by Article 73 of the Staff Regulations and linked to an accident he suffered on 10 September 2003.

Held: The action is dismissed as manifestly inadmissible. The parties are to bear their own costs.

Summary

Officials – Actions – Act adversely affecting an official – Definition

(Staff Regulations, Arts 90 and 91)

The termination of a procedure constitutes a decision adversely affecting an official only if it results from the institution’s rejection of the application and not from the applicant’s withdrawal from the procedure.

(see para. 28)