10.10.2022

EN

Official Journal of the European Union

C 389/22

(Case T-529/22)

(2022/C 389/25)

Language of the case: French

Parties

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

Defendant: European Investment Bank (EIB)

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and well founded;

as a consequence,

—annul the decision of 28 September 2021 for the recovery of an amount of EUR 61 186,61 and the decision of 20 May 2022 dismissing the appeal through official channels by the applicant;

—order the EIB to reimburse the amounts recovered, which amounts must be increased with default interest at the rate set by the European Central Bank plus two points;

—order the EIB to pay all the costs.

Pleas in law and main arguments

In support of the action against the decision of the European Investment Bank (EIB) of 28 September 2021 for the recovery of an amount of EUR 61 186,61 wrongly paid towards education allowances, dependent child allowances and related benefits, for the period from July 2014 to June 2017, the applicant relies on four pleas in law.

1.First plea in law, alleging a flaw due to the lack of competence of the author of the act.

2.Second plea in law, alleging the infringement of the five-year limitation period under Article 16.3 of the administrative provisions applicable to EIB Staff (‘the Staff Rules’).

3.Third plea in law, alleging the infringement of Article 16 of the Staff Rules whereby, as well as the five-year limitation period, the conditions for recovery are not fulfilled.

4.Fourth plea in law, alleging the infringement of Articles 2.2.3 and 2.2.4 of the Staff Rules and manifest error of assessment.