CELEX: 62016TA0042
Language: en
Date: 2017-11-08 00:00:00
Title: Case T-42/16: Judgment of the General Court of 8 November 2017 — De Nicola v Council and Court of Justice of the European Union (Non-contractual liability — Civil service — EIB staff — Guidelines concerning laser treatment — Article 47 of the Charter of Fundamental Rights — Reasonable time — Failure to comply with the rules governing the right to a fair hearing — Material damage — Non-material damage — Claims made by the applicant in the context of a case pending before the Civil Service Tribunal — Partial referral of the case to the General Court)

18.12.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 437/27
            
         Judgment of the General Court of 8 November 2017 — De Nicola v Council and Court of Justice of the European Union
   (Case T-42/16) (1)
   
   ((Non-contractual liability - Civil service - EIB staff - Guidelines concerning laser treatment - Article 47 of the Charter of Fundamental Rights - Reasonable time - Failure to comply with the rules governing the right to a fair hearing - Material damage - Non-material damage - Claims made by the applicant in the context of a case pending before the Civil Service Tribunal - Partial referral of the case to the General Court))
   (2017/C 437/32)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: initially by L. Isola and G. Isola, and subsequently by G. Ferabecoli, lawyers)
   
      Defendants: Council of the European Union (represented by: E. Rebasti and M. Veiga, acting as Agents) and Court of Justice of the European Union (represented by: initially by J. Inghelram, P. Giusta and L. Tonini Alabiso, and subsequently by J. Inghelram, acting as Agents)
   
      Re:
   
   Application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of, first, the adoption by the EU legislature of certain guidelines concerning laser treatment, second, the allegedly excessive duration of the proceedings before the European Union Civil Service Tribunal and the General Court in relation to his request for reimbursement of the medical fees connected with laser treatment, third, the supposedly unfair nature of those proceedings and, fourth, the numerous actions which he has been compelled to bring by the Civil Service Tribunal and the General Court.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Carlo De Nicola to pay the costs relating to the present proceedings before both the General Court of the European Union and the European Union Civil Service Tribunal.
            
         
      (1)  OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal as Case F-82/15).