CELEX: 62011TA0418
Language: en
Date: 2013-09-16 00:00:00
Title: Case T-418/11 P: Judgment of the General Court of 16 September 2013 — De Nicola v EIB (Appeal — Civil service — EIB staff — Sickness insurance — Refusal to reimburse medical expenses — Request to designate an independent doctor — Reasonable period — Rejection of a request to institute arbitration proceedings — Claim for setting aside — Claim for reimbursement of medical expenses — Lis pendens)

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/23
            
         Judgment of the General Court of 16 September 2013 — De Nicola v EIB
   (Case T-418/11 P) (1)
   
   (Appeal - Civil service - EIB staff - Sickness insurance - Refusal to reimburse medical expenses - Request to designate an independent doctor - Reasonable period - Rejection of a request to institute arbitration proceedings - Claim for setting aside - Claim for reimbursement of medical expenses - Lis pendens)
   2013/C 313/45
   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-49/10 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 (First Chamber) in Case F-49/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the European Investment Bank (EIB) rejecting his request to designate a third doctor;
            
         
               2.
            
            
               Dismisses the remainder of the appeal;
            
         
               3.
            
            
               Annuls the EIB’s decision rejecting, on the ground of having been submitted out of time, Mr De Nicola’s request to designate a third doctor;
            
         
               4.
            
            
               Orders Mr De Nicola and the EIB to bear their own costs relating to the proceedings at first instance and on appeal.
            
         
      (1)  OJ C 282, 24.9.2011.