Judgment of the Court of First Instance of 23 February 2001 in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De Nicola v European Investment Bank (European Investment Bank — Staff — Action for annulment — Admissibility — Time-limit for initiating action — Substance — Anual performance appraisal — Promotion — Consideration of comparative merits — Principle of equal treatment — Misuse of powers — Mental harassment — Resignation — Conditions of validity — Form — Capacity — Refusal of administration to accept withdrawal of resignation — Request to remove documents from the file — Action for damages)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: European Investment Bank, abuse of power, action for annulment (EU), equal treatment, professional qualifications, promotion

C 150/20

EN

Official Journal of the European Communities

19.5.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the defendant

the arrears of
remuneration not received since the withdrawal of his resig-
nation, together with default interest at the rate of 6,75%;

to pay the applicant

of 23 February 2001

3. Orders the defendant to pay the applicant the token sum of one
euro by way of compensation for non-pecuniary damage;

in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De
Nicola v European Investment Bank (1)

4. Orders the defendant to pay all the costs;

5. Dismisses the remainder of the application.

(1) OJ C 94, (28.3.1998), and C 71, (13.3.1999).

(European Investment Bank — Staff — Action for annul-
ment — Admissibility — Time-limit for initiating action —
Substance — Anual performance appraisal — Promotion —
Consideration of comparative merits — Principle of equal
treatment — Misuse of powers — Mental harassment —
Resignation — Conditions of validity — Form — Capacity
— Refusal of administration to accept withdrawal of resig-
nation — Request to remove documents from the file —
Action for damages)

(2001/C 150/36)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 March 2001

(Language of the case: Italian)

in Case T-73/98: Société Chimique Prayon-Rupel SA v
Commission of the European Communities (1)

initially,

In Joined Cases T-7/98 and T-208/98; Carlo De Nicola, an
employee of
the European Investment Bank, residing in
Strassen (Luxembourg), represented by L. Isola, avocat, and
in Case T-7/98, by F. Randolph, Barrister, against
also,
European Investment Bank (Agents:
in Case
T-78/98, G. Marchegiani and then, and also in Case T-208/98,
P. Koskelo, E. Uhlmann and C. Camilli) — application for
annulment of the applicant’s annual performance appraisals
for 1996 and 1997 in so far as they do not contain a proposal
for promotion and also of the promotion decisions taken
by the European Investment Bank following those annual
appraisals, in so far as they relate to promotions from Function
to
E to Function D and fail
Function D, and T-109; Carlo De Nicola, a former servant of
the European Investment Bank, residing in Rome, represented
by L. Isola, avocat, against European Investment Bank (Agents:
P. Koskelo, E. Uhlmann and C. Camilli) — application for a
declaration that the applicant’s resignation is void and for
annulment of the European Investment Bank’s letter of 2 Febru-
ary 1999 refusing to accept the withdrawal of that resignation
and the letter of 25 February 1999 purporting to dismiss the
applicant — the Court of First Instance, composed of K. Lena-
erts, President, and J. Azizi and M. Jaeger, Judges; B. Pastor,
Principal Administrator, for the Registrar, has given a judgment
on 23 February 2001, in which it:

to promote the applicant

(State aid — Failure to open the procedure under Article
93(2) of the EC Treaty (now Article 88(2) EC) — Serious
difficulty)

(2001/C 150/37)

(Language of the case: French)

In Case T-73/98: Société Chimique Prayon-Rupel SA, estab-
lished in Engis (Belgium), represented by B. van de Walle de
Ghelcke, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
D. Triantafyllou), supported by the Federal Republic of Germ-
any (Agents: B. Muttelsee-Schön and C. von Donat) —
application for annulment of the decision of the Commission
of 16 December 1997 to raise no objection to the grant of aid
by the Federal Republic of Germany to Chemische Werke
Piesteritz GmbH — the Court of First Instance (Fifth Chamber,
Extended Composition), composed of R. Garcı´a-Valdecasas,
President, and P. Lindh, J.D. Cooke, M. Vilaras and N.J. For-
wood,
for the
Judges; B. Pastor, Principal Administrator,
Registrar; has given a judgment on 15 March 2001, in which
it:

1. Annuls the defendant’s decision of 2 February 1999 refusing
to accept the withdrawal of the applicant’s resignation;

1. Annuls the decision of the Commission of 16 December 1997
to raise no objection to the grant of aid by the Federal Republic
of Germany to Chemische Werke Piesteritz GmbH;