10.1.2009

Official Journal of the European Union

C 6/45

Order of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission

(Case F-18/07) (1)

(Staff cases - Officials - Claim - Explicit rejection notified after the implicit rejection - Purely confirmatory measure - Complaint made out of time - Manifest inadmissibility)

(2009/C 6/91)

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Action for annulment of the decision of 25 October 2005 rejecting the applicant's claim for recognition that he has a serious illness for the purposes of Article 72 of the Staff Regulations and the Sickness Insurance Scheme common to the institutions of the European Communities

Operative part of the order

1.	The action is dismissed as inadmissible.

2.	Each party is to bear its own costs.

(1) OJ C 223, 22.9.2007, p. 18.