Judgment of the Court of First Instance of 16 December 2004 in Case T-120/01: Carlo De Nicola v European Investment Bank (Staff of the European Investment Bank — Admissibility — Working conditions — Disciplinary procedure — Suspension — Dismissal without notice)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Investment Bank, European official, action for annulment (EU), dismissal, equal treatment, promotion

22.1.2005

EN

Official Journal of the European Union

C 19/19

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 December 2004

in Case T-120/01: Carlo De Nicola v European Investment
Bank (1)

(Staff of the European Investment Bank — Admissibility —
Working conditions — Disciplinary procedure — Suspension
— Dismissal without notice)

(2005/C 19/42)

(Language of the case: Italian)

In Case T-120/01: Carlo De Nicola, established in Rome (Italy),
represented by L. Isola,
lawyer, against European Investment
Bank (Agents: C. Gómez de la Cruz, F. Mantegazza and C.
Camilli, lawyer with an address for service in Luxembourg), –
in Case T-120/01, action essentially, first, for annulment of the
letter from the Director of Human Resources of the European
Investment Bank of 6 March 2001 concerning the conditions
for the reinstatement of the applicant following the judgment
of the Court of First Instance in Joined Cases T-7/98, T-208/98
and T-109/99 [2001] ECR-SC I-A-49 and II-185 and annul-
ment of the decision of the President of the Bank of 22 May
2001 to suspend him from his duties and,
for
in Case T-300/01, action essentially, first, for
damages, and,
annulment of the decision of the President of the Bank of 6
September 2001 to dismiss him without notice and without a
severance grant and, second, for damages – the Court of First
Instance (Third Chamber), composed of J. Azizi, President, M.
Jaeger and W.H. Meij, Judges; J. Plingers, administrator, for the
Registrar, has given a judgment on 16 December 2004,
in
which it:

second,

3. Orders the defendant to pay the applicant, in compensation for the
partial failure to implement paragraph 2 of the operative part of
the judgment of 23 February 2001, the sum of EUR 3 716,
and, where appropriate, financial compensation for leave not taken
with default interest from 1 June 2001 until payment. The rate of
default interest applicable is calculated on the basis of the rate
fixed by the Central European Bank for principal refinancing
operations applicable during the period concerned, plus two percen-
tage points.

4. Orders the defendant to pay the applicant the sum of EUR 2 315
by way of salary not received for the period from 1 March 2001
to 31 August 2001 with default interest from 1 June 2001 until
payment. The rate of default interest applicable is calculated on the
basis of the rate fixed by the Central European Bank for principal
refinancing operations applicable during the period concerned, plus
two percentage points.

5. Orders the defendant to pay the applicant arrears of salary not
received from 1 September 2001 with default interest reduced by
the sum of EUR 1 290 paid to the applicant by way of geogra-
phical mobility allowance for the month of September 2001. The
rate of default interest applicable is calculated on the basis of the
rate fixed by the Central European Bank for principal refinancing
operations applicable during the period concerned, plus two percen-
tage points.

6. Orders

the defendant

to pay
EUR 10 000 by way of reparation for non-material damage.

the applicant

the

sum of

7. Orders the defendant to pay its own costs including those incurred
in interim proceedings, and half of the costs incurred by the appli-
cant
in Cases T-120/01 and T-300/01 and in the interim
proceedings in those cases.

8. The remainder of the action is dismissed.

1. Annuls the decision of the defendant of 22 May 2001 suspending

(1) OJ C 227 of 11.8.2001 and OJ C 44 of 16.2.2002.

the applicant.

2. Annuls the decision of
dismissing the applicant.

the defendant of 6 September 2001