CELEX: 62011TA0618
Language: en
Date: 2013-09-16 00:00:00
Title: Case T-618/11 P: Judgment of the General Court of 16 September 2013 — De Nicola v EIB (Appeal — Civil service — EIB staff — Appraisal — Promotion — 2008 appraisal and promotion period — Decision of the Appeals Committee — Scope of review — Assessment report — Plea of illegality — Reasonable period — Claim for setting aside — Claim for damages — Lis pendens)

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/25
            
         Judgment of the General Court of 16 September 2013 — De Nicola v EIB
   (Case T-618/11 P) (1)
   
   (Appeal - Civil service - EIB staff - Appraisal - Promotion - 2008 appraisal and promotion period - Decision of the Appeals Committee - Scope of review - Assessment report - Plea of illegality - Reasonable period - Claim for setting aside - Claim for damages - Lis pendens)
   2013/C 313/50
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)
   
      Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)
   
      Re:
   
   Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claim seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB);
            
         
               2.
            
            
               Dismisses the remainder of the appeal;
            
         
               3.
            
            
               Dismisses the action brought by Mr De Nicola before the Civil Service Tribunal in Case F-13/10;
            
         
               4.
            
            
               Orders Mr De Nicola to bear his own costs and half of the costs incurred by the EIB relating to the proceedings at first instance and on appeal;
            
         
               5.
            
            
               Orders the EIB to bear half of its own costs relating to the proceedings at first instance and on appeal.
            
         
      (1)  OJ C 25, 28.1.2012.