29.8.2009

EN

Official Journal of the European Union

C 205/49

(Case F-59/09)

2009/C 205/91

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

First, annulment of the measure adopted by the Appeals Committee on 14 November 2008 or the amendment of that measure in so far as it attributes to the applicant, instead of to his lawyer, the objection made to the three members of the committee. Second, annulment of the promotions decided upon on 29 April 2008, in so far as the applicant was not considered for promotion, and all related measures. Lastly, a declaration that the applicant was the victim of mobbing and an order that the defendant desist from such activity.

Form of order sought

—Annul the measure of the Appeals Committee and, in any event, amend it in so far as it attributes to Mr De Nicola (instead of to his lawyer) the objection made to the three members of the committee and in so far as it states that the grounds of the objection were ‘nothing more than a simple challenge to the decision of 14 December 2007’, rather than the result of the admissions and abandonment of his claims which those three members wrongly attributed to Mr De Nicola;

—annul the promotions of 29 April 2008 on the basis that they were decided upon without the applicant being considered for promotion, and all related, consequent and prior measures, including the assessment for 2007 and, if appropriate, declare that the restrictions imposed by the instructions given by the HR Directorate are unlawful;

—declare that the applicant was the victim of mobbing and, accordingly,

—order the EIB to desist from the mobbing and to pay compensation for the consequent personal, material and non-material damage suffered by the applicant and to pay the costs of the proceedings together with interest and monetary revaluation of the sums awarded.