21.12.2013   

EN

Official Journal of the European Union

C 377/2


Order of the Court (Tenth Chamber) of 3 October 2013 — Luigi Marcuccio v European Commission

(Case C-617/11 P) (1)

(Appeal - Assignment - Automatic transfer - Decision to reassign an official from a third country to the Commission headquarters in Brussels (Belgium) - Decision annulled by the General Court after referral back by the Court of Justice - Compensation for the harm purportedly suffered as a result of the annulment of a decision to reassign)

2013/C 377/02

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 14 September 2011 in Case T-236/02 Marcuccio v Commission, by which that court dismissed, in part, first, an application for annulment of the decision of the European Commission of 18 March 2002 to reassign the appellant from the Commission Delegation in Luanda (Angola) to the Directorate General for Development in Brussels (Belgium), of all preliminary, connected or consecutive measures, in particular those relating to the recruitment of another official to occupy his post, of the Commission’s notes of 13 and 14 November 2001 and of the opinion or opinions of the External Service Steering Committee, and, second, a claim for allowances in connection with his duties in Angola and damages for harm suffered — Rights of the defence — Failure to state reasons — Distortion of the facts

Operative part of the order

1.

The appeal is dismissed.

2.

Mr Luigi Marcuccio is ordered to pay the costs.


(1)  OJ C 25, 28.1.2012.