CELEX: C1999/188/68
Language: en
Date: 1999-07-03 00:00:00
Title: Case T-109/99: Action brought on 2 May 1999 by Carlo De Nicola against European Investment Bank

C 188/30               EN                       Official Journal of the European Communities                                      3.7.1999
Pleas in law and main arguments                                            Pleas in law and main arguments
The applicant claims that the Commission is under a duty to                The applicant contests, as he does in Cases T-7/98 (1) and
recognise his personal status under the partnership contract               T-208/98, (2) the defendant’s decision to accept his resignation
lawfully entered into by him in the Netherlands. To the extent             and to bring to an end the employment relationship.
that, under the law of the Netherlands, the institution of
‘registered partnership’ gives rise, for him and his partner, to
rights and obligations which are broadly similar to those                  In support of his application, the applicant claims:
arising under a marriage contract, he submits that his rights
under the Staff Regulations and those of his partner should be             — his resignation is null and void on grounds of mental
determined so as to accord with those conferred on his married                 incapacity. In his view, the resignation was tendered when
colleagues under the Community rules.                                          he was in a state of depression, brought on by, among
                                                                               other factors, the psychological pressures he was under;
In the applicant’s submission, the Commission’s refusal to
recognise his status as a registered partner:                              — that, when an employee who tenders his resignation offers
                                                                               to continue working also during the period of notice, the
— infringes the principle enshrined in Article 4 of the EC                     employment relationship continues to produce its full legal
     Treaty that the institutions are to exercise the powers                   and economic effects until the end of such period.
     conferred on them;
— infringes the principle of the uniform nature of the                     On the latter point, the applicant explains that he was ill from
     personal status of Community nationals;                               28 September 1998 to 6 December 1998, from 8 January
                                                                           1999 to 7 February 1999 and since 15 February 1999, and
— infringes the principles of equal treatment and freedom of               that the period of notice ran from 7 December 1998 (when he
     movement for workers;                                                 returned to work after the first period of sick leave), and that,
                                                                           of the three months to which he was entitled, he had worked
— infringes the right to respect for private life and thus                 for only 38 days, including part of ordinary annual leave.
     Article 8 of the European Convention for the Protection of            Therefore, the applicant was entitled to work for a further
     Human Rights and Fundamental Freedoms; and                            63 days. Accordingly, the letter of 25 February 1999 and the
                                                                           subsequent conduct of the EIB could only be described as
— infringes Articles 27, 62, 71, 72 et seq. and 77 et seq. of              unfair dismissal.
     the Staff Regulations.
                                                                           (1) De Nicola v EIB (OJ 1998 C 94, p. 30).
                                                                           (2) De Nicola v EIB (OJ 1999 C 71, p. 31).
Action brought on 2 May 1999 by Carlo De Nicola against
                   European Investment Bank
                         (Case T-109/99)
                         (1999/C 188/68)                                           Removal from the register of Case T-46/96 (1)
                                                                                                    (1999/C 188/69)
                    (Language of the case: Italian)
An action against the European Investment Bank was brought                                    (Language of the case: English)
before the Court of First Instance of the European Communities
on 2 May 1999 by Carlo De Nicola, represented by Luigi Isola
of the Rome Bar, with an address for service in Luxembourg at              By order of 8 February 1999 the President of the Fifth
the address of Cesare Berloni, 59 Route de Longwy.                         Chamber, Extended composition, of the Court of First Instance
                                                                           of the European Communities has ordered the removal from
The applicant claims that the Court should:                                the register of Case T-46/96 Whirlpool Sweden AB and
                                                                           Whirlpool SMC Microwave Products Development Ltd v
— annul the letter of 25 February 1999 whereby the EIB                     Council of the European Union.
     dismissed the applicant, together with all connected,
     preceding and subsequent acts;
— order the defendant EIB to pay the costs.                                (1) OJ No C 180 of 22.6.1996.