ORDER OF THE CIVIL SERVICE TRIBUNAL

(First Chamber)

29 October 2009

Case F-94/08

Luigi Marcuccio

v

Commission of the European Communities

(Civil service – Officials – Enforcement of a judgment – Reimbursement of costs – Administration’s intention to deduct from the official’s invalidity pension – No act adversely affecting the official – Action for damages – Manifest inadmissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Marcuccio essentially seeks annulment of the Commission’s note of 28 March 2008 informing him of its intention to make a deduction from his invalidity pension in order to obtain payment of the costs incurred in earlier proceedings.

Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to bear the costs.

Summary

Officials – Actions – Act adversely affecting an official – Concept – Note from the administration informing the official concerned of its intention to make a deduction from his invalidity pension – Not included

(Staff Regulations, Arts 90 and 91)

A note from the administration informing an official of its intention to make a deduction from his invalidity pension, if he does not apply to the Community courts for taxation of costs which he was ordered to pay in an earlier case, does not constitute the adoption of a definitive position by the administration and may not be regarded as having directly and immediately affected his interests by bringing about a distinct change in his legal position.

(see paras 21, 24)