JUDGMENT OF THE COURT (Second Chamber)

6 December 2007

Case C-59/06 P

Luigi Marcuccio

v

Commission of the European Communities

(Appeals – Officials – Employment in a non-Member State – Reassignment of post and post holder – Duty to respect the rights of the defence – Scope – Burden of proof)

Appeal: against the judgment of the Court of First Instance (Fifth Chamber) of 24 November 2005 in Case T-236/02 Marcuccio v Commission [2005] ECR-SC I‑A‑365 and II‑1621, by which that Court dismissed the action of the appellant seeking annulment of the Commission decision reassigning the appellant’s post at the delegation of the Commission in Luanda (Angola) to the Commission’s headquarters in Brussels and a claim for damages.

Held: the judgment of the Court of First Instance (Fifth Chamber) of 24 November 2005 in Case T-236/02 Marcuccio v Commission is set aside. The case is referred back to the Court of First Instance of the European Communities. Costs are reserved.

Summary

Officials – Principles– Rights of the defence– Scope–Obligation to hear the person concerned before adopting a decision involving his reassignment against his wishes – Burden of proof