15.8.2008

EN

Official Journal of the European Union

C 209/73

(Case F-55/08)

(2008/C 209/135)

Language of the case: Italian

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

An application, first, for annulment, in part, of the decision of the Appeals Committee concerning the assessment of the applicant for 2006 and, secondly, for a declaration that the applicant has been the victim of harassment and intimidation at the workplace (‘mobbing’) and an order that the defendant desist from such conduct and compensate the applicant for the damage suffered.

Form of order sought

—Annul the decision communicated by e-mail on 17 November 2007, a copy of which was sent on 19 December 2007, in so far as the Appeals Committee rejected the applicant's appeal against the assessment made by his superiors for 2006 in so far as it is based on the assumption that the applicant had abandoned his claims alleging irregularities in the assessment procedure for 2006 and, finally, in so far as it contends that the applicant accepted the criticisms made by his superiors;

—render the promotions decided upon on 13 July 2007 void in so far as the applicant was not considered for promotion from Grade E to Grade D;

—annul all related, consequent and prior measures, including the assessment of the applicant for 2006 in so far as it fails to propose that he be given the mark A or B+ and his promotion to Grade D and, if appropriate, declare that the restrictions (both quantitative and non-quantitative) imposed by the instructions given by the Directorate of Human Resources are unlawful and to be disapplied;

—declare that the applicant was the victim of mobbing;

—order the EIB to desist from the mobbing to which the applicant has been subjected and to compensate him for the personal, material and non-material injury suffered, both past and future;

—order the defendant to pay the costs.