ORDER OF THE COURT (Seventh Chamber)

9 December 2009

Case C-528/08 P

Luigi Marcuccio


European Commission

(Appeal – Officials – Social security – Implied refusal of a request for 100% reimbursement of certain medical costs incurred by an official – Order of declining jurisdiction from the Civil Service Tribunal – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: brought against the order of the General Court (Fourth Chamber) in Case T-144/08 Marcuccio v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which the General Court dismissed as inadmissible an action for annulment of the decision to refuse the appellant’s request for 100% reimbursement of certain medical expenses, and seeking an order that the Commission pay the appellant the amount of EUR 89.56 as a supplementary reimbursement of his medical expenses or as compensation for loss.

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; Statute of the Court of Justice, Art. 58)