Judgment;Information — ECLI:EU:T:2022:566
Date: 2022-09-21
Language of the case: French
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded;Staff cases - successful

Judgment of the General Court (Fourth Chamber) of 21 September 2022 – Casanova v EIB (Case T‑266/21) (1) (Civil service – EIB staff – Termination of the contract at the end of the trial period – Lack of competence of the author of the act – Liability – Material damage – Premature claim for damages – Non-material damage) 1. Actions brought by officials – Staff of the European Investment Bank – Action against a decision rejecting a request for conciliation – 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 paragraphs 13-17) 2. Actions brought by officials – Plea of illegality – Plea put forward implicitly – Admissibility – Conditions (Art. 277 TFEU; Staff Regulations of Officials, Art. 91) (see paragraphs 21, 23) 3. Actions brought by officials – Plea of illegality – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Need for a direct legal connection between the contested measure and the contested general measure – Effect of illegality of a measure of general scope (Art. 277 TFEU; Staff Regulations of the European Investment Bank, Art. 41) (see paragraphs 24-28, 30-32) 4. Officials – Staff of the European Investment Bank – Representation – Staff representatives – Obligatory consultation – Scope – No obligation to act on the observations made by the representatives (Staff Regulations of the European Investment Bank, Art. 41) (see paragraphs 38-41, 45) 5. Officials – Staff of the European Investment Bank – Pre-litigation procedure – Conciliation procedure – Amendment subjecting the implementation of that procedure to the sole discretion of the President of the Bank – No breach of the principle of legal certainty (Staff Regulations of the European Investment Bank, Art. 41) (see paragraphs 50-59) 6. EU institutions – Exercise of powers – Delegation – Conditions – European Investment Bank – Recruitment – Trial period – Decision to dismiss at the end of the trial period – Decision not issued by the authorised authority or by an authority having been delegated that power – Lack of competence of the author of the decision to dismiss – Annulment (see paragraphs 65, 73, 75, 76) 7. Actions brought by officials – Staff of the European Investment Bank – Judgment annulling a measure – Effects – Obligation to implement – Judgment annulling a decision terminating the fixed-term contract of a member of staff – Claim by the applicant for compensation in respect of the material harm suffered – Premature nature of the claim (Art. 266 TFEU) (see paragraphs 85-88) Operative part The Court: 1. Annuls the decision of the European Investment Bank (EIB) of 12 June 2020 to terminate Mr Philippe Casanova’s contract at the end of the trial period; 2. Dismisses the action as to the remainder; 3. Orders the EIB to pay, in addition to its own costs, half of Mr Casanova’s costs; 4. Orders Mr Casanova to bear half of his own costs. 1 OJ C 263, 5.7.2021.