# C_2020255EN.01003302.xml

| 3.8.2020 | EN | Official Journal of the European Union | C 255/33 |
| --- | --- | --- | --- |

3.8.2020

EN

Official Journal of the European Union

C 255/33

---

Action brought on 11 June 2020 — KL v EIB

(Case T-370/20)

(2020/C 255/44)

Language of the case: French

Parties

Applicant: KL (represented by L. Levi and A. Champetier, lawyers)

Defendant: European Investment Bank

Form of order sought

The applicant claims that the General Court should:

| — | declare the present action admissible and well founded; |
| --- | --- |

—

declare the present action admissible and well founded;

Consequently,

| — | annul the EIB’s decisions of 8 February and 8 March 2019 declaring the applicant fit to work and absent without justification since 18 February 2019; |
| --- | --- |

—

annul the EIB’s decisions of 8 February and 8 March 2019 declaring the applicant fit to work and absent without justification since 18 February 2019;

| — | in so far as is necessary, annul the decision of the President of the EIB of 16 March 2020 confirming the findings of the Conciliation Board and, therefore, the decisions of 8 February and 8 March 2019; |
| --- | --- |

—

in so far as is necessary, annul the decision of the President of the EIB of 16 March 2020 confirming the findings of the Conciliation Board and, therefore, the decisions of 8 February and 8 March 2019;

Accordingly,

| — | order the defendant to make retrospective payment of the invalidity pension in principle from 1 February 2019 onwards; |
| --- | --- |

—

order the defendant to make retrospective payment of the invalidity pension in principle from 1 February 2019 onwards;

| — | order the defendant to pay default interest on the invalidity pension payable since 1 February 2019 until such time as payment has been made in full, the default interest rate being the interest rate applied by the European Central Bank plus two percentage points; |
| --- | --- |

—

order the defendant to pay default interest on the invalidity pension payable since 1 February 2019 until such time as payment has been made in full, the default interest rate being the interest rate applied by the European Central Bank plus two percentage points;

| — | order the EIB to pay compensation in respect of the non-material damage suffered by the applicant; |
| --- | --- |

—

order the EIB to pay compensation in respect of the non-material damage suffered by the applicant;

| — | order the EIB to pay the costs in their entirety. |
| --- | --- |

—

order the EIB to pay the costs in their entirety.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea, alleging infringement of Articles 46-1 and 48-1 of the Staff Pension Scheme Regulations and of Article 11(1) and (3) of the administrative provisions, as well as manifest error of assessment. |
| --- | --- |

1.

First plea, alleging infringement of Articles 46-1 and 48-1 of the Staff Pension Scheme Regulations and of Article 11(1) and (3) of the administrative provisions, as well as manifest error of assessment.

| 2. | Second plea, alleging infringement of the duty to have regard for the welfare of staff. |
| --- | --- |

2.

Second plea, alleging infringement of the duty to have regard for the welfare of staff.

---