Judgment — ECLI:EU:T:2018:642
Date: 2018-10-04
Language of the case: English
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Action for damages - inadmissible

Judgment of the General Court (Fifth Chamber) of 4 October 2018 – PD v EIB (Case T‑615/16) (Civil service — Personnel of the EIB — Psychological harassment — Total and permanent disability — Application for recognition of the occupational origin of a disease — Action brought before the closure of the procedure for recognition of the occupational origin of a disease — Inadmissibility) 1. Actions brought by officials — Staff of the European Investment Bank — Pre-litigation procedure — Optional (Staff Regulations of the European Investment Bank, Art. 41) (see paras 49, 50) 2. Officials — Social security — Insurance against the risk of accident and of occupational disease — Flat-rate compensation under the scheme laid down in the Staff Regulations — Flat-rate compensation under the scheme laid down in the Staff Regulations — Assessment of the claim for further compensation requiring a medical report — Inadmissibility during the course of the procedure under the scheme laid down in the Staff Regulations — Application, by analogy, of those principles to European Investment Bank staff (Staff Regulations of Officials, Art. 73; Staff Regulations of the European Investment Bank, Art. 33a) (see paras 53-57, 59) Re: Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, in essence, an order that the EIB compensate the applicant for the harm which the applicant allegedly suffered as a result of psychological harassment at the hands of his line manager and the failure on the part of the EIB to take appropriate measures to address that situation and to protect his health. Operative part The Court: 1. Dismisses the action as being inadmissible; 2. Orders PD and the European Investment Bank (EIB) to bear their own costs.