Information;Judgment — ECLI:EU:T:2022:512
Date: 2022-09-07
Language of the case: French
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases - successful

Judgment of the General Court of 7 September 2022 – KL v EIB (Case T-651/20) 1 (Civil service – Personnel of the EIB – Unjustified absences – Failure to report for medical examination – Action for annulment and for damages) 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 I. Zanin, acting as Agents, and A. Duron, lawyer) Re: By his action, based on Article 270 TFEU read in conjunction with Article 50a of the Statute of the Court of Justice of the European Union, the applicant seeks, first, annulment of the decision of the European Investment Bank (EIB) of 28 February 2020 to the effect that his absences from the medical examinations of 23 December 2019, 3 and 28 February 2020 were unjustified absences under Article 3.6 of the Annex X to the EIB Staff Rules, adopted in implementation of the EIB's Staff Regulations, and, secondly, compensation for the damage he suffered as a result of those decisions. Operative part of the judgment The Court: Annuls the decision of the European Investment Bank (EIB) of 28 February 2020 that KL's absences from medical examinations on 23 December 2019, 3 and 28 February 2020 were unjustified absences under Article 3.6 of Annex X to EIB Staff Rules, adopted in implementation of the EIB Staff Regulations; Dismisses the remainder of the action; Orders the EIB to pay the costs. ____________ 1 OJ C 443, 21.12.2020.