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.

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¹ OJ C 282, 24.9.2011.