25.6.2011

EN

Official Journal of the European Union

C 186/37

(Case F-52/11)

2011/C 186/70

Language of the case: Italian

Parties

Applicant: ZZ (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

First, annulment of a letter in which the President of the EIB stated that, following the decision of the Committee of Inquiry to reject the complaint alleging mobbing made by the applicant, no action was necessary, and annulment of other decisions relating to the inquiry into mobbing. Second, a declaration that the applicant is a victim of mobbing

Form of order sought

—Annul the letter of 1 September 2010, in so far as the President of the EIB, in addition to not adopting any provision on the mobbing to which the applicant has been subjected for years, claimed that he could review the substance of the reasoning of the Committee of Inquiry;

—annul the report and the conclusions adopted on 30 June 2010 by the Committee of Inquiry, in so far as it did not undertake any investigation into the conduct of the Appeals Committee and its members, in so far as it defined mobbing and, finally, in so far as it dismissed the appeal, limited its activity to investigating the conduct of only a few people and arbitrarily ruled out investigation of some the circumstances surrounding the complaint;

—annul the letters of 17 November 2010 and 30 November 2010 in which, in connection with the procedure under Article 41 of the Staff Regulations, the President of the EIB did not allow the applicant to represent himself, while the Bank was then represented by one of its own employees;

—annul the message of 14 April 2011 in which the HR Director refused to pay any compensation;

—annul all related, consequent and prior measures, including those used by the Committee for mobbing;

—declare that the applicant was the victim of mobbing;

—order the EIB to desist from the mobbing of which the applicant was a victim and to pay compensation for the consequent personal, material and non-material damage, and to pay the costs of the proceedings together with interest and monetary revaluation of the sums awarded.