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Case T-508/16: Judgment of the General Court of 6 July 2017 — Bodson and Others v EIB (Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the bonus scheme — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB — Equal treatment)
ECLI:EU:UNKNOWN:62016TA0508
62016TA0508
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21.8.2017
Official Journal of the European Union
C 277/45
(Case T-508/16) (<span class="super note-tag">1</span>)
((Civil service - EIB staff - Contractual nature of the employment relationship - Remuneration - Reform of the bonus scheme - Legitimate expectations - Legal certainty - Manifest error of assessment - Proportionality - Duty to have regard for the welfare of staff - Article 11(3) of the Rules of Procedure of the EIB - Equal treatment))
(2017/C 277/67)
Language of the case: French
Parties
Applicants: Jean-Pierre Bodson (Luxembourg, Luxembourg) and the 450 other applicants whose names are listed in the annex to the judgment (represented by: L. Levi, lawyer)
Defendant: European Investment Bank (EIB) (represented by: initially, C. Gómez de la Cruz, G. Nuvoli and T. Gilliams, and, subsequently, T. Gilliams and G. Faedo, acting as Agents, assisted by P.-E. Partsch, lawyer)
Re:
Action under Article 270 TFEU seeking, first, annulment of the decisions, contained in the bonus statements for April 2013, applying to the applicants the decision of the EIB Board of Directors of 14 December 2010 and the decisions of the EIB Management Committee of 9 November 2010, 29 June 2011, 16 November 2011 and 20 February 2013; and, secondly, an order that the EIB pay to the applicants a sum corresponding to the difference between the amount of remuneration paid in application of the abovementioned decisions and the amount of remuneration due under the previous system, or, in the alternative, the amount of remuneration due under the new scheme when correctly implemented, as well as compensation for the material damage resulting from loss of purchasing power and for the non-material damage which the applicants claim to have suffered.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Jean-Pierre Bodson and the other members of the staff of the European Investment Bank (EIB) whose names are listed in the annex to pay the costs.
(<span class="note">1</span>) OJ C 274, 21.9.2013 (case initially registered before the Civil Service Tribunal of the European Union under number F-61/13 and transferred to the General Court of the European Union on 1 September 2016).