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)
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:
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;
Dismisses the remainder of the appeal;
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;
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.