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Case T-418/11 P: Judgment of the General Court of 16 September 2013 — De Nicola v EIB (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)
ECLI:EU:UNKNOWN:62011TA0418
62011TA0418
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Valentina R., lawyer
26.10.2013
Official Journal of the European Union
C 313/23
(Case T-418/11 P) (<span class="super">1</span>)
(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)
2013/C 313/45
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:
1.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;
2.Dismisses the remainder of the appeal;
3.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;
4.Orders Mr De Nicola and the EIB to bear their own costs relating to the proceedings at first instance and on appeal.
(<span class="super">1</span>) OJ C 282, 24.9.2011.