Notices for publication in the OJ nº T-318/19 of Tribunal General de la Unión Europea, July 05, 2019

• Resolution Date: July 05, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-318/19

Action brought on 23 May 2019 - Thunus and Others v EIB

(Case T-318/19)

Language of the case: French

Parties

Applicants: Vincent Thunus (Contern, Luxembourg) and 7 applicants (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Form of order sought

The applicants claim that the Court should:

declare the present action admissible and well founded, including the plea of illegality which it contains;

consequently,

annul the decision contained in the applicants’ pay slips for the month of February 2019, a decision fixing the annual adjustment of the basic salary limited to 0.8% for the year 2019, and, therefore the annulment of the similar decisions contained in the subsequent payslips;

accordingly, order the defendant

to pay compensation for material harm (i) for the outstanding salary corresponding to the application of the annual adjustment for 2019, that is, an increase of 1.2%, for the period from 1 January 2019 to 31 December 2019; (ii) for the outstanding salary corresponding to the consequences of applying the annual adjustment of 0.8% for 2019 on the amount of the salaries which will be paid from January 2019; (iii) for default interest on outstanding salaries due until full payment of the amounts due, the rate of default interest to be applied having to be calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable during the relevant period, plus three percentage points;

If necessary, should the defendant fail to produce them on its own initiative, order it, by way of measures of organisation of the procedure, to produce the following documents:

the decision of the Board of Directors of the EIB of 18 July 2017 (CA/505/17);

the report of the remuneration subcommittee of the Board of Directors of December 2018;

the decision of the Board of Directors of 11 December 2018 (Annex 3 to PV/19/01);

the decision of the Management Committee of 30 January 2019 (MC-018-ADM-20190130);

the note from the Personnel Directorate of 18 January 2019 (CS-PERS/HRPLC/DIR/2019-001/ABGS) ;

order the defendant to pay all of the costs.

Pleas in law and main arguments

In support of the action, the applicants...