Judgment of the Civil Service Tribunal (1st Chamber) of 11 November 2014 — Carlo De Nicola v EIB

(Case F-55/08 RENV) ¹

(Civil service — Referral back to the Tribunal after setting aside — EIB staff — Appraisal — Illegality of the decision of the Appeals Committee — No need to adjudicate on the application for compensation)

Language of the case: French

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, Agents, and by A. Dal Ferro, lawyer)

Re:

First, application for partial annulment of a decision of the Appeals Committee concerning the applicant’s appraisal in respect of 2006 and, secondly, application to establish that the applicant is the victim of psychological harassment and for an order that the defendant must cease the activities constituting harassment and pay compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Appeals Committee of the European Investment Bank of 14 December 2007;

Declares that there is no need to adjudicate on the claim seeking annulment of the decision of 13 July 2007 not to promote the applicant, on the claim seeking annulment of the appraisal report in respect of 2006 and on the claim seeking compensation for the harm allegedly suffered as a result of the psychological harassment;

Dismisses the action as to the remainder;

Declares that the European Investment Bank is to bear its own costs and orders it to pay the costs incurred by Mr De Nicola in Cases F-55/08, T-37/10 P and F-55/08 RENV.

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¹ OJ C 209, 15/8/2008, p. 73.