ORDER OF THE COURT (Seventh Chamber)

9 December 2009

Case C-432/08 P

Luigi Marcuccio


European Commission

(Appeal – Officials – Social security – Payment of medical expenses – Implied rejection of an application seeking reimbursement in full of medical expenses incurred by the applicant – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: against the judgment of the General Court (First Chamber) of 9 July 2008 in Joined Cases T-296/05 and T-408/05 Marcuccio v Commission, by which the Court dismissed as inadmissible the application for annulment of two implied decisions of the Settlements Office of the Joint Sickness Insurance Scheme of the European Communities refusing to pay 100% of certain medical costs incurred by the applicant and an application for an order that the Commission pay to the applicant amounts in respect of certain medical costs.

Held:  The appeal is dismissed. Mr Marcuccio is ordered to pay the costs of the appeal.


Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted

(Art. 225 EC; Statuteof the Court ofJustice, Art. 58)