Order of the Civil Service Tribunal (Third Chamber) of 25 February 2014 — Marcuccio v Commission

(Case F-118/11) (1)

((Civil service - Officials - Decision by the appointing authority to retire an official and to grant an invalidity allowance - Decision not addressing the occupational origin of the disease which justified retirement - Obligation on the appointing authority to recognise the occupational origin of the disease - Article 78, fifth paragraph, of the Staff Regulations - Need to convene a new invalidity committee - Relevance of an earlier decision adopted under Article 73 of the Staff Regulations - Article 76 of the Rules of Procedure - Action in part manifestly inadmissible and in part manifestly unfounded))

2014/C 102/65

Language of the case: Italian

Parties

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

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s implied decision refusing to adopt a decision concerning the occupational origin of the disease suffered by the applicant.

Operative part of the order

(1)  OJ C 25, 28.1.2012. p. 70.