29.6.2013   

EN

Official Journal of the European Union

C 189/30


Judgment of the Civil Service Tribunal (Second Chamber) of 16 May 2013 — de Pretis Cagnodo and Trampuz de Pretis Cagnodo v Commission

(Case F-104/10) (1)

(Civil service - Social security - Serious illness - Concept - Hospitalisation - Reimbursement - Direct payment by the claims settlement office - No upper limit in the general implementing provisions for costs of stay - Obligation to inform the insured beforehand in the event of excessive billing)

2013/C 189/62

Language of the case: Italian

Parties

Applicants: Mario Alberto de Pretis Cagnodo and Serena Trampuz (Trieste, Italy) (represented by: C. Falagiani, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents, A. Dal Ferro, lawyer)

Subject-matter and description of the proceedings

Annulment of the decision refusing to reimburse 100 % of certain medical expenses in connection with the hospitalisation of the applicant’s wife.

Operative part of the judgment

The Court:

1.

Annuls the decision of the claims settlement office, Ispra (Italy), as evidenced by payment note No 10 of 1 October 2009, charging Mr de Pretis Cagnodo the amount of EUR 28 800 for costs of stay for Mrs Trampuz de Pretis Cagnodo, considered excessive;

2.

Dismisses the action as to the remainder;

3.

Orders the European Commission to bear all its own costs and to pay all costs incurred by Mr de Pretis Cagnodo and Mrs Trampuz de Pretis Cagnodo.


(1)  OJ C 13, 15.1.2011, p. 42.