Case T-750/25: Action brought on 27 October 2025 – NM v EIB
Date: 2025-10-27
Institutions: General Court
Subjects: indemnification, legal basis, pay scale, principle of legal certainty, principle of proportionality, reassignment, rights of the defence, servant (EU), whistleblowing








C_202506653EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6653


22.12.2025






Action brought on 27 October 2025 – NM v EIB


(Case T-750/25)

(C/2025/6653)
Language of the case: French

Parties


Applicant: NM (represented by: L. Levi and P. Baudoux, lawyers)

Defendant: European Investment Bank

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 21 February 2025 informing the applicant of her permanent transfer following an anonymous complaint made within the context of the Whistleblowing Policy;










—


in so far as necessary, annul the express decision denying the applicant’s request for review dated 17 October 2025;










—


order the defendant to compensate the applicant for the non-material harm caused;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging infringement of the right to be heard. According to the applicant, it is apparent from the documents in the file that she could not exercise her right to be heard in a useful and effective manner, in that the EIB did not specify the purpose of the meeting during which the EIB informed the applicant of her permanent transfer, or the particulars of the facts alleged against her. The applicant also submits that the EIB had already taken the decision to transfer her permanently. Lastly, the applicant submits that she could not provide any observations on the latest job description proposed by the EIB within the context of her permanent transfer.










2.


Second plea in law, alleging a lack of legal basis or incorrect legal basis (in breach of the scope of the law) and breach of the principle of legal certainty. The applicant submits that the contested decision concerning her permanent transfer lacks any legal basis, on the ground that it does not identify any provision of the legal framework and that the interests of the service, in a broad sense, cannot on their own meet the requirements of the principle of legal certainty. The applicant also submits that the EIB made use of a particular legal framework – its Whistleblowing Policy or the Dignity at Work Policy – which structures and governs the possibility of a transfer and within which administrative action must therefore be carried out, which was not the case in the present case.










3.


Third plea in law, alleging infringement of the duty to state reasons. According to the applicant, the EIB fails to explain the existence of various job descriptions and how the applicant’s profile is compatible with the requirements to be met for the new position proposed.










4.


Fourth plea in law, alleging, primarily, a manifest error of assessment and, alternatively, breach of the principle of proportionality. Primarily, the applicant is of the view that the EIB made a manifest error of assessment in that it is apparent from the documents in the file that it was not in the interests of the service to transfer the applicant permanently. Furthermore, the EIB did not respect the rule that the position should correspond to the grade. The applicant is also of the view that she does not satisfy the conditions for the new position that the EIB has proposed to her. Alternatively, the applicant submits that the EIB acted in breach of the principle of proportionality.










5.


Fifth plea in law, alleging breach of the duty to have regard for the welfare of officials. The applicant submits that the EIB failed to take her interests into account before adopting the permanent transfer measure, and to weigh the applicant’s interests against those of the service.






ELI: http://data.europa.eu/eli/C/2025/6653/oj
ISSN 1977-091X (electronic edition)