Case T-247/19: Action brought on 12 April 2019 — Thunus and Others v EIB
Date: 2019-04-12
Institutions: General Court
Subjects: European civil service, indemnification, interest, pay, principle of legal certainty, principle of proportionality, right to justice, wage determination








C_2019206EN.01009101.xml










17.6.2019   


EN


Official Journal of the European Union


C 206/91






Action brought on 12 April 2019 — Thunus and Others v EIB
(Case T-247/19)
(2019/C 206/80)
Language of the case: French

Parties


Applicants: Vincent Thunus (Contern, Luxembourg) and 7 other applicants (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Form of order sought

The applicants claim that the General Court should:






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declare that the action is admissible and well-founded, including the plea of illegality which it contains;










—


consequently,






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annul the decision contained in the applicants’ payslips for the month of February 2018, a decision fixing the annual adjustment of the basic salary limited to 0.7% for the year 2018, and, therefore, the annulment of the similar decisions contained in the subsequent payslips;














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therefore, order the defendant






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to pay compensation for material damage (i) for the outstanding salary corresponding to the application of the annual adjustment for 2018, that is, an increase of 1.4% for the period from 1 January 2018 to 31 December 2018; (ii) for the outstanding salary corresponding to the consequences of applying the annual adjustment of 0.7% for 2018 on the amount of the salaries which will be paid from January 2018; (iii) for default interest on outstanding salaries due until full payment of the amounts due, the rate of default interest to be applied having to be calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable during the relevant period, plus three percentage points;














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if necessary, should it fail to produce them voluntarily, order the defendant, by way of measures of organisation of procedure, to produce the following documents:






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the decision of the Board of Directors of the EIB of 18 July 2017 (CA/505/17);










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the decision of the Management Committee of 30 January 2018 (MC-021-ADM-15-2018);










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the note from the management of Personnel of 25 January 2018 (CS/PERS-QMS/ACB/2018-0011);














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order the defendant to pay all of the costs.





Pleas in law and main arguments

In support of the action, the applicants rely, first, as regards the decision of the Board of Directors of 18 July 2017, on two pleas in law and, second, as regards the decision of the Management Committee of 30 January 2018, on three pleas in law, respectively.
In respect of the decision of the Board of Directors of 18 July 2017:






1.


First plea in law, alleging infringement of the principle of legal certainty.










2.


Second plea in law, alleging infringement of legitimate expectation and acquired rights.




In respect of the decision of the Management Committee of 30 January 2018:






1.


First plea in law, alleging infringement of the procedural guarantees of Article 41 of the Charter of Fundamental Rights of the European Union.










2.


Second plea in law, alleging infringement of the right of consultation with the Board.










3.


Third plea in law, alleging infringement of the principle of proportionality.




As regards the claim for compensation, the applicants seek payment of the difference of salary due, that is 1.4% from 1 January 2018 (including the effect of that increase on financial benefits) plus late payment interest.