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Case F-82/15: Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — De Nicola v EIB (Civil Service — EIB staff — Sickness insurance — Refusal of reimbursement of medical expenses — Laser therapy — No scientific validity of the treatment — Rules governing designation of an independent doctor — Competent medical association — Opinion of the independent doctor — Scope of the judicial review — Grounds of refusal of reimbursement — Internal provisions on sickness insurance — Objective of the laser therapy — Palliative effects on pain — Prior authorisation of the medical officer — Material harm — Premature conclusions — Non-pecuniary harm — Amount not stated — Inadmissibility)
ECLI:EU:UNKNOWN:62015FA0082
62015FA0082
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Valentina R., lawyer
3.10.2016
Official Journal of the European Union
C 364/31
(Case F-82/15) (*)
((Civil Service - EIB staff - Sickness insurance - Refusal of reimbursement of medical expenses - Laser therapy - No scientific validity of the treatment - Rules governing designation of an independent doctor - Competent medical association - Opinion of the independent doctor - Scope of the judicial review - Grounds of refusal of reimbursement - Internal provisions on sickness insurance - Objective of the laser therapy - Palliative effects on pain - Prior authorisation of the medical officer - Material harm - Premature conclusions - Non-pecuniary harm - Amount not stated - Inadmissibility))
(2016/C 364/36)
Language of the case: Italian
Parties
Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented initially by: L. Isola and G. Isola, lawyers, and subsequently by: G. Ferabecoli, lawyer)
Defendant: European Investment Bank (represented initially by: G. Nuvoli and J.-P. Minnaert, acting as Agents, and A. Dal Ferro, lawyer, and subsequently by: G. Faedo and G. Nuvoli, acting as Agents, and A. Dal Ferro, lawyer)
Re:
Annulment, firstly, of the decision not to reimburse the expenses incurred by the applicant for laser treatment undergone in 2007 and, secondly, of the consecutive and connected decisions taken by the bank in 2014.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of the European Investment Bank of 4 December 2014, by which it refused to reimburse Mr Carlo De Nicola for the costs of FP3 laser therapy;
2.Dismisses the remainder of the action;
3.Orders the European Investment Bank to bear its own costs and to pay the costs incurred by Mr De Nicola.
(*) Language of the case: Italian.
* * *
(1) OJ C 279, 24.8.2015, p. 59.