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Case T-573/16: Judgment of the General Court of 3 July 2019 — PT v EIB (Civil Service — EIB staff — Organisation of services — Time dispensation — Access to e-mail and IT connections — Pre-litigation procedure — Admissibility — Legal certainty — Right to be heard — Presumption of innocence — OLAF Final Report — Obligation to state reasons — Liability — Material damage — Non-material damage)
ECLI:EU:UNKNOWN:62016TA0573
62016TA0573
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Official Journal of the European Union
C 295/17
(Case T-573/16) (<span class="oj-super oj-note-tag">1</span>)
(Civil Service - EIB staff - Organisation of services - Time dispensation - Access to e-mail and IT connections - Pre-litigation procedure - Admissibility - Legal certainty - Right to be heard - Presumption of innocence - OLAF Final Report - Obligation to state reasons - Liability - Material damage - Non-material damage)
(2019/C 295/21)
Language of the case: Swedish
Parties
Applicant: PT (represented by: E. Nordh, lawyer)
Defendant: European Investment Bank (represented initially by G. Nuvoli, E. Raimond, T. Gilliams and G. Faedo, and subsequently by G. Faedo and M. Loizou, acting as Agents, and by M. Johansson, B. Wägenbaur, lawyers and J. Currall, Barrister)
Re:
Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, the annulment of the decisions of the EIB of 13 April, 12 May, 16 June and 20 October 2015, 6 June 2016 and 7 February 2017 on the applicant’s time dispensation, the decision of the EIB of 18 June 2015 to block the applicant’s access to his e-mail and to the EIB’s IT connections and the decisions of the EIB not to communicate his remuneration slips to him and to delete his name from the organisation chart published on the EIB’s intranet and, secondly, compensation for the damage allegedly suffered by the applicant.
Operative part of the judgment
The Court:
1.Annuls the decisions of the European Investment Bank (EIB) of 13 April, 12 May, 16 June and 20 October 2015, 6 June 2016 and 7 February 2017, on the PT’s time dispensation, and the EIB’s decision of 18 June 2015 to block PT’s access to his e-mail and to the EIB’s IT connections;
2.Orders the EIB to pay PT, in respect of the non-material damage suffered, an amount of EUR 25 000 plus default interest, from the date of delivery of this judgment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, plus 3.5 points.
3.Dismisses the action as to the remainder.
4.Orders the EIB to pay the costs.
*
Language of the case: Swedish.
(case initially registered before the European Union Civil Service Tribunal under Case F-150/15 and transferred to the General Court of the European Union on 1.9.2016).
ECLI:EU:C:2019:140