19.9.2022

EN

Official Journal of the European Union

C 359/85

(Case T-447/22)

(2022/C 359/103)

Language of the case: French

Parties

Applicant: NV (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and well-founded;

and consequently,

—annul the decision of 10 November 2021 characterising as unauthorised the applicant’s absences during the period from 13 September 2021 to 13 December 2021;

—in so far as necessary, annul the decision of 7 April 2022 dismissing the administrative action brought on 10 January 2022 against the decision of 10 November 2021;

—order the EIB to pay the remuneration relating to the period from 13 September 2021 to 13 December 2021, together with default interest, the rate of which being the interest rate applied by the European Central Bank plus two percentage points;

—order the EIB to pay compensation for the harm suffered by the applicant;

—order the EIB to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging infringement of Articles 2.3, 3.3, 3.4 and 3.6 of Annex X to the administrative provisions, infringement of Article 34 of the Charter of Fundamental Rights of the European Union whether or not read in conjunction with Articles 2.3, 3.3, 3.4 and 3.6 of the administrative provisions, manifest error of assessment, breach of the duty to have regard for the welfare of officials and misuse of rights.

2.Second plea in law, alleging breach of the duty of care, infringement of Article 41 of the Charter of Fundamental Rights of the European Union and manifest error of assessment.

3.Third plea in law, alleging infringement of Article 33b of the Staff Regulations and Article 11 of the administrative provisions.