Judgment — ECLI:EU:T:2017:525
Date: 2017-07-19
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Judgment of the General Court (Second Chamber) of 19 July 2017 — Dessi v EIB (Case T‑510/16) (Civil Service — EIB staff — Appraisal — Promotion — Appraisal and promotion year 2012 — Decision of the Appeal Committee — Scope of review — Staff representatives — Discrimination) 1. Actions brought by officials — Staff of the European Investment Bank — Assessment — Challenge — Conciliation procedure — Possibility of bringing an action before the EU Judicature before closure of the proceedings (Staff Regulations, Arts 90 and 91; Staff Regulations of the European Investment Bank, Art. 41) (see paras 30-33) 2. Officials — Staff of the European Investment Bank – Internal directive fixing the competence of the Appeal Committee of the Bank — Legal effects –Whether capable of being pleaded before the EU judicature (Staff Regulations of the European Investment Bank, Art. 22) (see para. 43) 3. Officials — Staff of the European Investment Bank — Reports procedure — Appraisal report — Challenge before the Appeals Committee of the EIB — Ambit of the review (Staff Regulations of the European Investment Bank, Art. 22) (see para. 44) 4. Actions for annulment — Jurisdiction of the EU judicature — Substitution of an institution’s grounds for a decision — Not permissible (Arts 263 TFEU and 264 TFEU) (see para.78) 5. Actions brought by officials — Pleas in law/Grounds — Plea directed against an additional ground for a measure adversely affecting an official — Invalid plea in law — Rejection (Staff Regulations, Arts 90 and 91) (see para. 93) Re: APPLICATION on the basis of Article 270 TFEU seeking the annulment of the decision of the EIB Appeal Committee of 23 October 2013, by which it rejected the applicant’s request for a review of her staff report for 2012 in that that report did not recommend to the President of the EIB that she be promoted from function group F to function group E. Operative part The Court: 1. Annuls the decision of the EIB Appeal Committee of 23 October 2013, by which it rejected Ms Nathalie Dessi’s request for a review of her staff report for 2012 in that that report did not recommend to the President of the EIB that she be promoted from function group F to function group E; 2. Orders the EIB to pay the costs.