Official Journal of the European Union

C 220/33

(Case T-571/16) (*)

(Civil service - Members of staff of the EIB - Reports procedure - Career evaluation report - 2014 appraisal exercise - Pre-litigation procedure - Admissibility - Right to be heard - Principle of the presumption of innocence - Liability - Non-material damage)

(2019/C 220/42)

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:

Application based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union and seeking, in the first place, annulment of: (i) the EIB decision establishing the definitive version of the applicant’s staff report for the 2014 appraisal exercise; (ii) the applicant’s appraisal report for the 2014 appraisal exercise; (iii) the EIB decisions, for 2015, neither to promote him, grant him an individual bonus nor increase his salary by 1.20% and; in the second place, compensation for the damage allegedly sustained by the applicant.

Operative part of the judgment

The Court:

1.Annuls PT’s appraisal report for the 2014 appraisal exercise;

2.Orders the European Investment Bank (EIB) to pay PT the sum of EUR 2 000 in compensation for the non-material damage suffered, together with default interest from the date of delivery of the present judgment at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by 3.5 points;

3.Dismisses the action as to the remainder;

4.Orders the EIB to pay the costs.

(*) Language of the case: Swedish.

(OJ C 111, 29.3.2016) (case initially registered before the European Union Civil Service Tribunal under Case No F-145/15 and transferred to the General Court of the European Union on 1.9.2016).

* * *

ECLI:EU:C:2019:140

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