Judgment of the General Court of 16 September 2013 – De Nicola v EIB

(Case T-618/11 P) ¹

(Appeal – Civil service – EIB staff – Appraisal – Promotion – 2008 appraisal and promotion period – Decision of the Appeals Committee – Scope of review – Assessment report – Plea of illegality – Reasonable period – Claim for setting aside – Claim for damages – Lis pendens)

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-13/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claim seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB);

Dismisses the remainder of the appeal;

Dismisses the action brought by Mr De Nicola before the Civil Service Tribunal in Case F-13/10;

Orders Mr De Nicola to bear his own costs and half of the costs incurred by the EIB relating to the proceedings at first instance and on appeal;

Orders the EIB to bear half of its own costs relating to the proceedings at first instance and on appeal.

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¹ OJ C 25, 28.1.2012.