# C_2022037EN.01002802.xml

| 24.1.2022 | EN | Official Journal of the European Union | C 37/28 |
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24.1.2022

EN

Official Journal of the European Union

C 37/28

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Judgment of the General Court of 24 November 2021 — KL v EIB

(Case T-370/20) (1)

(Civil Service - EIB Staff - Health status - Fitness for work - Unjustified absence - Action for annulment - Concept of invalidity - Unlimited jurisdiction - Disputes of a financial character - Retrospective payment of invalidity pension - Action for damages)

(2022/C 37/38)

Language of the case: French

Parties

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

Defendant: European Investment Bank (represented by: G. Faedo and M. Loizou, acting as Agents, and by A. Duron, lawyer)

Re:

Application based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union and seeking, in the first place, annulment of 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 and, in so far as is necessary, of the decision of the President of the EIB of 16 March 2020 maintaining those decisions; in the second place, an order requiring the EIB to make retrospective payment of the applicant’s invalidity pension from 1 February 2019 onwards; and, in the third place, compensation for the damage allegedly suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:

| 1. | Annuls the decisions of the European Investment Bank (EIB) of 8 February and 8 March 2019 declaring KL fit to work and absent without justification since 18 February 2019 and the decision of the President of the EIB of 16 March 2020 maintaining those decisions; |
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1.

Annuls the decisions of the European Investment Bank (EIB) of 8 February and 8 March 2019 declaring KL fit to work and absent without justification since 18 February 2019 and the decision of the President of the EIB of 16 March 2020 maintaining those decisions;

| 2. | Orders the EIB to pay an invalidity pension to KL from 1 February 2019 and default interest on that pension until such time as payment has been made in full, the default interest rate being the interest rate applied by the European Central Bank (ECB) for its principal refinancing operations and in force on the first day of the month in which the deadline for payment falls, increased by two percentage points, less the sums paid by way of remuneration to the applicant during the same period and in respect of which it would appear that, due to the payment of the invalidity pension, they were not payable to the applicant; |
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2.

Orders the EIB to pay an invalidity pension to KL from 1 February 2019 and default interest on that pension until such time as payment has been made in full, the default interest rate being the interest rate applied by the European Central Bank (ECB) for its principal refinancing operations and in force on the first day of the month in which the deadline for payment falls, increased by two percentage points, less the sums paid by way of remuneration to the applicant during the same period and in respect of which it would appear that, due to the payment of the invalidity pension, they were not payable to the applicant;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the EIB to pay the costs. |
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4.

Orders the EIB to pay the costs.

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(1)  OJ C 255, 3.8.2020.

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