JUDGMENT OF THE GENERAL COURT (Appeal Chamber)

16 September 2013

Carlo De Nicola

v

European Investment Bank (EIB)

‛Appeal — Civil service — EIB staff — Appraisal — Promotion — 2007 appraisal and promotion year — Decision of the Appeals Committee — Psychological harassment — Reasonable period — Claim for setting aside — Claim for damages’

Appeal:

against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 March 2011 in Case F‑59/09 De Nicola v EIB [2011] ECR-SC, seeking the setting aside of that judgment.

Held:

The judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 March 2011 in Case F‑59/09 De Nicola v EIB is set aside in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB) and compensation for the damage he claims to have suffered as a result of his harassment by the EIB. The remainder of the main appeal is dismissed. The case is referred back to the Civil Service Tribunal. The costs are reserved.

Summary

Appeals — Pleas in law — Plea against a ground of the judgment not necessary to support the operative part — Invalid plea in law (Art. 257 TFEU; Statute of the Court of Justice, Annex I, Art. 9) Actions brought by officials — Staff of the European Investment Bank — Act adversely affecting an official — Definition — Decision of the EIB’s Appeals Committee concerning an official’s appraisal not containing any judgment of his assessment report — Included EU law — Principles — Duty to act within a reasonable time — Administrative procedure — Judicial proceedings — Criteria for assessment (Charter of Fundamental Rights of the European Union, Arts 47 and 52(1); Staff Regulations of the European Investment Bank, Art. 41) Actions brought by officials — Staff of the European Investment Bank — Subject-matter — Instruction to the administration — Inadmissibility Officials — Staff of the European Investment Bank — Pre-litigation procedure — Optional nature — Possible analogy with the pre-litigation procedure provided for by the Staff Regulations of Officials — None (Staff Regulations, Arts 90 and 91; Staff Regulations of the European Investment Bank, Art. 41) Appeals — Pleas in law — Review by the General Court of the Civil Service Tribunal’s refusal to order measures of organisation of procedure or inquiry — Scope (Art. 256(2) TFEU; Statute of the Court of Justice, Annex I, Art. 11)

JUDGMENT OF THE GENERAL COURT (Appeal Chamber)

16 September 2013

Carlo De Nicola

v

European Investment Bank (EIB)

‛Appeal — Civil service — EIB staff — Appraisal — Promotion — 2007 appraisal and promotion year — Decision of the Appeals Committee — Psychological harassment — Reasonable period — Claim for setting aside — Claim for damages’

Appeal:

against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 March 2011 in Case F‑59/09 De Nicola v EIB [2011] ECR-SC, seeking the setting aside of that judgment.

Held:

The judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 March 2011 in Case F‑59/09 De Nicola v EIB is set aside in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB) and compensation for the damage he claims to have suffered as a result of his harassment by the EIB. The remainder of the main appeal is dismissed. The case is referred back to the Civil Service Tribunal. The costs are reserved.

Summary