Judgment;Information — ECLI:EU:T:2021:142
Date: 2021-03-17
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (First Chamber) of 17 March 2021 – EJ v EIB (Case T‑585/19) (Civil service – EIB staff – Remuneration – Travel costs – Double dependent child allowance – Child with serious illness – Capping of the backdated reimbursement of those costs and of that double allowance – Reasonable period – Duty to have regard for the welfare of staff – Action for annulment and for damages) 1. Actions brought by officials – Staff of the European Investment Bank – Action against a decision ending a conciliation procedure – Effect – Disputed measure referred to the Court – Exception – Decision not confirmatory in character – Account taken of the reasoning therein (Staff Regulations of the European Investment Bank, Art. 41) (see paras 22-25) 2. Actions brought by officials – Request under Article 90 (1) of the Staff Regulations – Claim for retroactive payment of allowances – Duty to act within a reasonable time – Starting point of the limitation period (Staff Regulations of Officials, Art. 90(1); Annex VII, Arts 2 and 3) (see paras 33-37, 49-59) 3. Officials – Staff of the European Investment Bank – Remuneration – Family allowances – Double dependent child allowance – Conditions for granting – Need for an application in the correct form lodged by the person concerned – Recognition by the administration of the existence of a serious illness in the child – Obligation to examine of its own motion the individual case for the purpose of granting the allowance – None (see paras 43-46) 4. Officials – Remuneration – Family allowances – Dependent child allowance – Administration's duty to have regard for the interests of officials – Principle of sound administration – Scope – Taking into account of official’s interests – Limits (Charter of Fundamental Rights of the European Union, Art. 41; Staff Regulations of Officials, Annex VII, Art. 2) (see paras 76, 77, 79) Re: Application based on Article 270 TFEU and on Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the decision of 16 February 2018 capping the backdated reimbursement of the recurring travel costs incurred by the applicant owing to her child’s serious illness at 18 months and of the decision of 23 March 2018 capping the backdated award of the double dependent child allowance at five years and, secondly, compensation for the material and non-material harm allegedly suffered by the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs.