# C_2016371EN.01003001.xml

| 10.10.2016 | EN | Official Journal of the European Union | C 371/30 |
| ---------- | -- | -------------------------------------- | -------- |

---

Action brought on 12 August 2016 — ZZ v EIB

(Case F-42/16)

(2016/C 371/33)

Language of the case: French

Parties

Applicant: ZZ (represented by: N. Lhoëst, lawyer)

Defendant: European Investment Bank (EIB)

Subject-matter and description of the proceedings

Annulment of the application for compensation made by the applicant in respect of the harm which he alleges he has suffered since November 2013.

Form of order sought

| (1) | Order the EIB to pay the applicant a sum equal to eight times his annual salary on the basis of Article 33a of the Staff Regulations and Article 9.1.1 of the Administrative provisions applicable to the staff; |
| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |

| (2) | Annul the decision of the EIB of 4 June 2015 closing the applicant’s Optional Supplementary Provident Scheme (OSPS) account with effect from 28 February 2015 and order the EIB to pay the applicant:
—
a sum equivalent to the payments which the EIB would have continued to make into the applicant’s OSPS account (3 % of the applicant’s annual salary) if the EIB had not closed his account, with effect from 28 February 2015 until the date of actual reopening of the applicant’s OSPS account; —
the interest which the capital in the applicant’s OSPS account would have continued to earn if his OSPS account had not been closed on 28 February 2015 and if the applicant and the EIB had been able to continue to make their respective payments up to 3 % of the applicant’s annual salary until the date of actual reopening of the applicant’s OSPS account; | — | a sum equivalent to the payments which the EIB would have continued to make into the applicant’s OSPS account (3 % of the applicant’s annual salary) if the EIB had not closed his account, with effect from 28 February 2015 until the date of actual reopening of the applicant’s OSPS account; | — | the interest which the capital in the applicant’s OSPS account would have continued to earn if his OSPS account had not been closed on 28 February 2015 and if the applicant and the EIB had been able to continue to make their respective payments up to 3 % of the applicant’s annual salary until the date of actual reopening of the applicant’s OSPS account; |
| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| — | a sum equivalent to the payments which the EIB would have continued to make into the applicant’s OSPS account (3 % of the applicant’s annual salary) if the EIB had not closed his account, with effect from 28 February 2015 until the date of actual reopening of the applicant’s OSPS account; | | | | |
| — | the interest which the capital in the applicant’s OSPS account would have continued to earn if his OSPS account had not been closed on 28 February 2015 and if the applicant and the EIB had been able to continue to make their respective payments up to 3 % of the applicant’s annual salary until the date of actual reopening of the applicant’s OSPS account; | | | | |

| (3) | Order the EIB to pay damages assessed ex aequo et bono at EUR 15 000 as compensation for the non-pecuniary damage suffered; |
| --- | --------------------------------------------------------------------------------------------------------------------------- |

| (4) | Order the EIB to pay the costs. |
| --- | ------------------------------- |

---