Notices for publication in the OJ nº T-608/20 of Tribunal General de la Unión Europea, November 27, 2020

• Resolution Date: November 27, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-608/20

Action brought on 29 September 2020 - JD v EIB

(Case T-608/20)

Language of the case: English

Parties

Applicant: JD (represented by: H. Hansen, lawyer)

Defendant: European Investment Bank (EIB)

Form of order sought

The applicant claims that the Court should:

annul the decision (i) requiring the applicant to sign an addendum to his employment contract waiving guaranteed benefits, and (ii) preventing the applicant from entering into the defendant’s service unless he sign said addendum, which manifested itself through (a) a letter from the defendant to the applicant dated 20 January 2020 but only sent by e-mail of 23 January 2020, (b) an e-mail exchange between the defendant and the applicant between 29 January 2020 and 7 February 2020, and (c) a letter from the defendant to the applicant of 3 March 2020;

annul the decision upon administrative review, confirming the original decision, which manifested itself through a letter from the defendant to the applicant’s lawyer dated 18 June 2020 but only sent by e-mail of 19 June 2020;

thus, order the defendant to withdraw its letter dated 20 January 2020, its letter dated 18 June 2020, and the associated demand that the applicant sign the addendum in question as a precondition for entry into service;

rectify the medical certificate issued by the defendant’s occupational health practitioner, dated 10 January 2020, and sent to the applicant by e-mail on the same date, to the extent that it should not have included a clause according to which there exists a pre-existing medical condition which allegedly might give rise to invalidity in the future;

and order, principally, that the defendant provide the applicant with a viable possibility to enter into the service of the EIB, with retroactive remuneration and benefits as from the contractual date of entry into service, i.e. 1 February 2020, or, alternatively, award compensation as follows:

order the defendant to pay the applicant damages in the amount of four years’ salary, i.e. EUR 367 499.52;

in any case, order the following compensation to be paid:

order the defendant to pay the applicant EUR 20 000 as non-material damages;

order the defendant to pay the applicant the amount of EUR 2 104.19 as compensation for removal expenses;

order the defendant to pay the applicant the amount of EUR 15 312.48 as compensation for the installation allowance which was not paid;

in any case, order the defendant to pay the applicant EUR 15 000 as compensation...