# C_2005019EN.01001901.xml

| 22.1.2005 | EN | Official Journal of the European Union | C 19/19 |
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22.1.2005

EN

Official Journal of the European Union

C 19/19

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 December 2004

in Case T-120/01: Carlo De Nicola v European Investment Bank (1)

1

(Staff of the European Investment Bank - Admissibility - Working conditions - Disciplinary procedure - Suspension - Dismissal without notice)

(2005/C 19/42)

Language of the case: Italian

In Case T-120/01: Carlo De Nicola, established in Rome (Italy), represented by L. Isola, lawyer, against European Investment Bank (Agents: C. Gómez de la Cruz, F. Mantegazza and C. Camilli, lawyer with an address for service in Luxembourg), – in Case T-120/01, action essentially, first, for annulment of the letter from the Director of Human Resources of the European Investment Bank of 6 March 2001 concerning the conditions for the reinstatement of the applicant following the judgment of the Court of First Instance in Joined Cases T-7/98, T-208/98 and T-109/99 [2001] ECR-SC I-A-49 and II-185 and annulment of the decision of the President of the Bank of 22 May 2001 to suspend him from his duties and, second, for damages, and, in Case T-300/01, action essentially, first, for annulment of the decision of the President of the Bank of 6 September 2001 to dismiss him without notice and without a severance grant and, second, for damages – the Court of First Instance (Third Chamber), composed of J. Azizi, President, M. Jaeger and W.H. Meij, Judges; J. Plingers, administrator, for the Registrar, has given a judgment on 16 December 2004, in which it:

| 1. | Annuls the decision of the defendant of 22 May 2001 suspending the applicant. |
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1.

Annuls the decision of the defendant of 22 May 2001 suspending the applicant.

| 2. | Annuls the decision of the defendant of 6 September 2001 dismissing the applicant. |
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2.

Annuls the decision of the defendant of 6 September 2001 dismissing the applicant.

| 3. | Orders the defendant to pay the applicant, in compensation for the partial failure to implement paragraph 2 of the operative part of the judgment of 23 February 2001, the sum of EUR 3 716, and, where appropriate, financial compensation for leave not taken with default interest from 1 June 2001 until payment. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points. |
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3.

Orders the defendant to pay the applicant, in compensation for the partial failure to implement paragraph 2 of the operative part of the judgment of 23 February 2001, the sum of EUR 3 716, and, where appropriate, financial compensation for leave not taken with default interest from 1 June 2001 until payment. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points.

| 4. | Orders the defendant to pay the applicant the sum of EUR 2 315 by way of salary not received for the period from 1 March 2001 to 31 August 2001 with default interest from 1 June 2001 until payment. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points. |
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4.

Orders the defendant to pay the applicant the sum of EUR 2 315 by way of salary not received for the period from 1 March 2001 to 31 August 2001 with default interest from 1 June 2001 until payment. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points.

| 5. | Orders the defendant to pay the applicant arrears of salary not received from 1 September 2001 with default interest reduced by the sum of EUR 1 290 paid to the applicant by way of geographical mobility allowance for the month of September 2001. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points. |
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5.

Orders the defendant to pay the applicant arrears of salary not received from 1 September 2001 with default interest reduced by the sum of EUR 1 290 paid to the applicant by way of geographical mobility allowance for the month of September 2001. The rate of default interest applicable is calculated on the basis of the rate fixed by the Central European Bank for principal refinancing operations applicable during the period concerned, plus two percentage points.

| 6. | Orders the defendant to pay the applicant the sum of EUR 10 000 by way of reparation for non-material damage. |
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6.

Orders the defendant to pay the applicant the sum of EUR 10 000 by way of reparation for non-material damage.

| 7. | Orders the defendant to pay its own costs including those incurred in interim proceedings, and half of the costs incurred by the applicant in Cases T-120/01 and T-300/01 and in the interim proceedings in those cases. |
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7.

Orders the defendant to pay its own costs including those incurred in interim proceedings, and half of the costs incurred by the applicant in Cases T-120/01 and T-300/01 and in the interim proceedings in those cases.

| 8. | The remainder of the action is dismissed. |
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8.

The remainder of the action is dismissed.

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(1)  OJ C 227 of 11.8.2001 and OJ C 44 of 16.2.2002.

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