Judgment;Information — ECLI:EU:T:2019:301
Date: 2019-05-08
Language of the case: Swedish
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - successful;Staff cases - successful

summary of the pleas in law on which the application is based (Statute of the Court of Justice, Arts 21 and 53; Rules of Procedure of the General Court, Art. 76) (see paras 109, 216-218) 4. Judicial proceedings — Time limit for producing evidence — Article 85(2) and (3) of the Rules of Procedure of the General Court — Scope — Evidence in rebuttal and amplification of previous evidence — Precluded — Submission of evidence before the oral part of the procedure is closed — Whether permissible — Conditions (Rules of Procedure of the General Court, Arts 85(2) and (3) and 92(7)) (see paras 142-144, 156-160, 192-195) 5. Officials — Staff of the European Investment Bank — Reports procedure — Appraisal report — Rights of defence — Scope — Obligation to give the person concerned a proper hearing — Appraisal procedure conducted unlawfully — Infringement — Consequences (Charter of Fundamental Rights of the European Union, Arts 41(2), 47 and 48) (see paras 162-167, 179-181, 184-187) 6. Officials — Staff of the European Investment Bank — Reports procedure — Appraisal report — Reference in the appraisal report to incidents which are the subject of an internal investigation pending before the European Anti-Fraud Office (OLAF) — Different purposes of the procedures concerned — Infringement of the presumption of innocence — None (Charter of Fundamental Rights of the European Union, Art. 48(1)) (see paras 200, 204-206, 208) 7. Actions brought by officials — Actions for damages — Annulment of the unlawful act not capable of ensuring adequate compensation for the non-material damage sustained — Non-material harm caused by damage to the official’s honour, dignity, self-esteem or good name on account of an unlawful appraisal report (Staff Regulations of Officials, Art. 91) (see paras 228-235) 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: (i) the EIB decision establishing the definitive version of the applicant’s staff report for the 2014 appraisal exercise; (ii) the applicant’s appraisal report for the 2014 appraisal exercise; (iii) the EIB decisions, for 2015, neither to promote him, grant him an individual bonus nor increase his salary by 1.20% and; in the second place, compensation for the damage allegedly sustained by the applicant. Operative part The Court: 1. Annuls PT’s appraisal report for the 2014 appraisal exercise; 2. Orders the European Investment Bank (EIB) to pay PT the sum of EUR 2 000 in compensation for the non-material damage suffered, together with default interest from the date of delivery of the present judgment at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by 3.5 points; 3. Dismisses the action as to the remainder; 4. Orders the EIB to pay the costs.