ORDER OF THE COURT (Seventh Chamber)

9 December 2009

Case C-513/08 P

Luigi Marcuccio

v

European Commission

(Appeal – Officials – Social security – Express refusal of an application for reimbursement of 100% of certain medical expenses incurred by the official – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: against the order of the General Court (Fourth Chamber) in Case T-143/08 Marcuccio v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which that Court dismissed as inadmissible the application for annulment of the decisions of the Settlements Office of the Joint Sickness Insurance Scheme of the European Communities refusing to pay 100% of certain medical expenses incurred by the appellant and to reimburse the cost of a medical consultation in accordance with the rules applicable to consultations of medical experts, and an application that the Commission be ordered to pay certain medical expenses.

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

Summary

1. 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)

2. Appeal – Pleas in law – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility

(Art. 225 EC; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 112(1)(c))