26.10.2013

Official Journal of the European Union

C 313/25

(Case T-618/11 P) (<span class="super">1</span>)

(Appeal - Civil service - EIB staff - Appraisal - Promotion - 2008 appraisal and promotion period - Decision of the Appeals Committee - Scope of review - Assessment report - Plea of illegality - Reasonable period - Claim for setting aside - Claim for damages - Lis pendens)

2013/C 313/50

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-13/10 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 of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claim seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB);

2.Dismisses the remainder of the appeal;

3.Dismisses the action brought by Mr De Nicola before the Civil Service Tribunal in Case F-13/10;

4.Orders Mr De Nicola to bear his own costs and half of the costs incurred by the EIB relating to the proceedings at first instance and on appeal;

5.Orders the EIB to bear half of its own costs relating to the proceedings at first instance and on appeal.

(<span class="super">1</span>) OJ C 25, 28.1.2012.