15.10.2005

Official Journal of the European Union

C 257/13

Action brought on 28 July 2005 — Luigi Marcuccio v Commission of the European Communities

(Case T-296/05)

(2005/C 257/25)

Language of the case: Italian

Parties:

Applicant: Luigi Marcuccio (Trifase/Italy) [represented by: Alessandro Distante, lawyer]

Defendant: Commission of the European Communities

Form of order sought:

The applicant claims that the Court should:

—	annul the decision rejecting the application addressed by the applicant to the Joint Sickness Insurance Scheme;

—

order the defendant to pay to the applicant as reimbursement of the additional sum of up to 100 % of the medical expenses borne by him, and which he seeks to have reimbursed by the Joint Scheme, in the period 4 January 2002 to 19 May 2004, that being the difference between what has already been paid to the applicant by way of reimbursement of medical expenses and 100 % of those expenses, i.e. the sum of EUR 2 572.32, or whatever lesser of greater sum the Court may see fit to award under this head;

—	order the defendant to pay the applicant statutory interest at the rate of 10 %;

—	order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant in this case challenges the defendant's refusal to reimburse at 100 % the medical expenses he has borne.

In support of his claims, the applicant alleges infringement of Article 72 of the Staff Regulations and breach of the duty to have regard to officials' welfare and of the principle of proper administration, and a complete lack of a statement of reasons and a manifest error of assessment.