62020TJ0651_INF
Judgment of the General Court (Fourth Chamber) 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)
1.
Actions brought by officials – Staff of the European Investment Bank – Action against a decision rejecting an administrative review – 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 36-40)
2.
Actions brought by officials – Staff of the European Investment Bank – Interest in bringing proceedings – Action capable of securing a benefit for the applicant – Action against an act which has not been withdrawn by the administration and which continues to produce legal effects – Interest in bringing proceedings retained
(see paragraphs 41, 42)
Operative part
The Court:
1.
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;
2.
Dismisses the remainder of the action;
3.
Orders the EIB to pay the costs.
(
1
)	OJ C 443, 21.12.2020.