Judgment of the Civil Service Tribunal (Single Judge) of 18 December 2015 — De Nicola v EIB

(Case F-9/14) ¹

(Civil Service — EIB staff — Appraisal — 2012 staff report — Unlawfulness of the decision of the Adjudication Panel — Refusal of promotion — No need to adjudicate)

Language of the case: Italian

Parties

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

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, acting as Agents)

Re:

Application, firstly, for annulment of the applicant’s staff report for 2012 as regards the sections concerning ‘appraisal’, ‘assessment’ and ‘setting of objectives for 2013’ and in so far as it does not propose that he be promoted to Function D and, next, annulment of the note to staff No 722 of 5 December 2012 and the 2012 Guide to Staff Appraisal Procedure or a declaration that they are inapplicable and, secondly, a finding of psychological harassment of the applicant. Finally, application for an order that the EIB pay compensation for the material and non-material damage suffered.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Adjudication Panel of the European Investment Bank of 23 October 2013;

Holds that there is no need to adjudicate on the pleas seeking annulment of the staff report relating to 2012 and all connected, consequent and prior acts;

Dismisses the remainder of the action;

Orders the European Investment Bank to bear its own costs and to pay the costs incurred by Mr D Nicola.

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¹ OJ C 212, 7.7.2014, p. 44.