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Case T-155/19: Order of the General Court of 31 March 2020 — AP v EIF (Action for annulment and for damages — Civil service — EIF Staff — Tendering by the member of staff of her resignation for personal reasons — Leave due to serious illness starting before the end date of the employment contract chosen by the member of staff — Application for withdrawal of the resignation after the end date of the employment contract chosen by the member of staff — EIF’s refusal to accept the retroactive withdrawal of the resignation — End date of the contract delayed on account of sick leave — Whether Article 33 of the EIF Staff Regulations is applicable — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62019TB0155
62019TB0155
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8.6.2020
Official Journal of the European Union
C 191/14
(Case T-155/19) (<span class="super note-tag">1</span>)
(Action for annulment and for damages - Civil service - EIF Staff - Tendering by the member of staff of her resignation for personal reasons - Leave due to serious illness starting before the end date of the employment contract chosen by the member of staff - Application for withdrawal of the resignation after the end date of the employment contract chosen by the member of staff - EIF’s refusal to accept the retroactive withdrawal of the resignation - End date of the contract delayed on account of sick leave - Whether Article 33 of the EIF Staff Regulations is applicable - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
(2020/C 191/18)
Language of the case: English
Parties
Applicant: AP (represented by: L. Levi, lawyer)
Defendant: European Investment Fund (represented by: M. Leander, N. Panayotopoulos and F. Dascalescu, acting as Agents, and by P-E. Partsch and T. Evans, lawyers)
Re:
Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the EIF’s letters of 30 August and 3 October 2018 rejecting the applicant’s request of 20 June 2018, secondly, that the EIF be ordered to pay the applicant the benefits under Article 33 of the EIF Staff Regulations and, thirdly, compensation for the non-material harm that the applicant claims to have suffered.
Operative part of the order
1.The action is dismissed as in part manifestly inadmissible and in part manifestly lacking any foundation in law.
2.AP shall pay the costs.
(<span class="note"> <a id="ntr1-C_2020191EN.01001401-E0001" href="#ntc1-C_2020191EN.01001401-E0001">*1</a> </span>) OJ C 155, 6.5.2019.