De Nicola v EIB (Judgment) French Text [2016] EUECJ F-82/15 (21 July 2016)

De Nicola v EIB (Judgment) French Text [2016] EUECJ F-82/15 (21 July 2016)

The Tribunal held that the refusal to reimburse was lawful because the third medical expert was properly designated by the Luxembourg medical order, the expert's opinion was regular, reasoned, and not contradicted, and the applicant failed to show procedural or substantive illegality. Preparatory acts and opinions...

Source-derived case information.

Citation
[2016] EUECJ F-82/15
Parties
Applicant: Carlo De Nicola; Respondent: Banque européenne d’investissement (BEI)
Jurisdiction
European Union
Procedural Posture
Public Employment Dispute / Final Judgment at Tribunal De La Fonction Publique De L’union Européenne
Outcome
application dismissed
Legal Topics
Medical Insurance Reimbursement, Internal Staff Regulations, Judicial Review of Administrative Decisions
EU Administrative Law Employment Law Medical Insurance Reimbursement Internal Staff Regulations Judicial Review of Administrative Decisions

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Parties

Carlo De Nicola

Applicant

Banque européenne d’investissement (BEI)

Respondent

Procedural Posture

Public Employment Dispute / Final Judgment at Tribunal De La Fonction Publique De L’union Européenne

  1. 1 Whether the refusal by EIB to reimburse medical expenses for laser therapy FP3 was lawful
  2. 2 Whether the designation of the third independent medical expert was regular and lawful
  3. 3 Whether the applicant's procedural rights were respected

Ratio Decidendi

The Tribunal held that the refusal to reimburse was lawful because the third medical expert was properly designated by the Luxembourg medical order, the expert's opinion was regular, reasoned, and not contradicted, and the applicant failed to show procedural or substantive illegality. Preparatory acts and opinions were not independently challengeable. The decision was signed by competent staff. The applicant's claims for annulment and compensation were rejected.

Court Disposition

application dismissed

Orders

  • All claims for annulment and compensation are rejected.
  • Applicant to bear costs.