26.10.2013
EN
Official Journal of the European Union
C 313/23
Judgment of the General Court of 16 September 2013 — De Nicola v EIB
(Case T-418/11 P) (1)
(Appeal - Civil service - EIB staff - Sickness insurance - Refusal to reimburse medical expenses - Request to designate an independent doctor - Reasonable period - Rejection of a request to institute arbitration proceedings - Claim for setting aside - Claim for reimbursement of medical expenses - Lis pendens)
2013/C 313/45
Language of the case: Italian
Parties
Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)
Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-49/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.
Operative part of the judgment
The Court:
1.
Sets aside the judgment of the Civil Service Tribunal (First Chamber) in Case F-49/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the European Investment Bank (EIB) rejecting his request to designate a third doctor;
2.
Dismisses the remainder of the appeal;
3.
Annuls the EIB’s decision rejecting, on the ground of having been submitted out of time, Mr De Nicola’s request to designate a third doctor;
4.
Orders Mr De Nicola and the EIB to bear their own costs relating to the proceedings at first instance and on appeal.
(1) OJ C 282, 24.9.2011.
Full & Egal Universal Law Academy