CELEX: C2001/150/36
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court of First Instance of 23 February 2001 in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De Nicola v European Investment Bank (European Investment Bank — Staff — Action for annulment — Admissibility — Time-limit for initiating action — Substance — Anual performance appraisal — Promotion — Consideration of comparative merits — Principle of equal treatment — Misuse of powers — Mental harassment — Resignation — Conditions of validity — Form — Capacity — Refusal of administration to accept withdrawal of resignation — Request to remove documents from the file — Action for damages)

C 150/20                EN                      Official Journal of the European Communities                                           19.5.2001
                                                          COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                 2.    Orders the defendant to pay the applicant the arrears of
                                                                                 remuneration not received since the withdrawal of his resig-
                                                                                 nation, together with default interest at the rate of 6,75%;
                       of 23 February 2001
                                                                           3.    Orders the defendant to pay the applicant the token sum of one
                                                                                 euro by way of compensation for non-pecuniary damage;
in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De                    4.    Orders the defendant to pay all the costs;
            Nicola v European Investment Bank (1)
                                                                           5.    Dismisses the remainder of the application.
(European Investment Bank — Staff — Action for annul-
ment — Admissibility — Time-limit for initiating action —                  (1) OJ C 94, (28.3.1998), and C 71, (13.3.1999).
Substance — Anual performance appraisal — Promotion —
Consideration of comparative merits — Principle of equal
treatment — Misuse of powers — Mental harassment —
Resignation — Conditions of validity — Form — Capacity
— Refusal of administration to accept withdrawal of resig-
nation — Request to remove documents from the file —
                        Action for damages)
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                          (2001/C 150/36)
                                                                                                    of 15 March 2001
                                                                           in Case T-73/98: Société Chimique Prayon-Rupel SA v
                    (Language of the case: Italian)                                Commission of the European Communities (1)
                                                                           (State aid — Failure to open the procedure under Article
In Joined Cases T-7/98 and T-208/98; Carlo De Nicola, an                   93(2) of the EC Treaty (now Article 88(2) EC) — Serious
employee of the European Investment Bank, residing in                                                    difficulty)
Strassen (Luxembourg), represented by L. Isola, avocat, and
also, in Case T-7/98, by F. Randolph, Barrister, against
European Investment Bank (Agents: initially, in Case                                                 (2001/C 150/37)
T-78/98, G. Marchegiani and then, and also in Case T-208/98,
P. Koskelo, E. Uhlmann and C. Camilli) — application for
annulment of the applicant’s annual performance appraisals                                     (Language of the case: French)
for 1996 and 1997 in so far as they do not contain a proposal
for promotion and also of the promotion decisions taken
by the European Investment Bank following those annual                     In Case T-73/98: Société Chimique Prayon-Rupel SA, estab-
appraisals, in so far as they relate to promotions from Function           lished in Engis (Belgium), represented by B. van de Walle de
E to Function D and fail to promote the applicant to                       Ghelcke, lawyer, with an address for service in Luxembourg,
Function D, and T-109; Carlo De Nicola, a former servant of                against Commission of the European Communities (Agent:
the European Investment Bank, residing in Rome, represented                D. Triantafyllou), supported by the Federal Republic of Germ-
by L. Isola, avocat, against European Investment Bank (Agents:             any (Agents: B. Muttelsee-Schön and C. von Donat) —
P. Koskelo, E. Uhlmann and C. Camilli) — application for a                 application for annulment of the decision of the Commission
declaration that the applicant’s resignation is void and for               of 16 December 1997 to raise no objection to the grant of aid
annulment of the European Investment Bank’s letter of 2 Febru-             by the Federal Republic of Germany to Chemische Werke
ary 1999 refusing to accept the withdrawal of that resignation             Piesteritz GmbH — the Court of First Instance (Fifth Chamber,
and the letter of 25 February 1999 purporting to dismiss the               Extended Composition), composed of R. Garcı́a-Valdecasas,
applicant — the Court of First Instance, composed of K. Lena-              President, and P. Lindh, J.D. Cooke, M. Vilaras and N.J. For-
erts, President, and J. Azizi and M. Jaeger, Judges; B. Pastor,            wood, Judges; B. Pastor, Principal Administrator, for the
Principal Administrator, for the Registrar, has given a judgment           Registrar; has given a judgment on 15 March 2001, in which
on 23 February 2001, in which it:                                          it:
                                                                           1.    Annuls the decision of the Commission of 16 December 1997
1.    Annuls the defendant’s decision of 2 February 1999 refusing                to raise no objection to the grant of aid by the Federal Republic
      to accept the withdrawal of the applicant’s resignation;                   of Germany to Chemische Werke Piesteritz GmbH;