Judgment of the General Court (First Chamber) of 2 December 2020 –
Thunus and Others v EIB

(Case T‑318/19)

(Civil service – EIB staff – Remuneration – Annual salary adjustment – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality)

Officials – Staff of the European Investment Bank – Remuneration – Annual adjustment of the basic salary scale – Administration's discretion – Adoption of a decision on the matter – Consequences – Limitation of its own discretion

(Staff Regulations of the European Investment Bank, Art. 20, first para. and Annex I; Rules of Procedure of the European Investment Bank, Art. 31)

(see paras 39-42, 52)

2.	Officials – Staff of the European Investment Bank – Principles – Legal certainty – Acts of the administration – Requirements of clarity and foreseeability (see para. 45-48)

Officials – Staff of the European Investment Bank – Remuneration – Annual adjustment of the basic salary scale – Observance of the principle of legal certainty – Obligation to specify in advance the criteria to be applied – None

(Staff Regulations of the European Investment Bank, Art. 20, first para. and Annex I; Rules of Procedure of the European Investment Bank, Art. 31)

(see paras 53-57)

4.	Officials – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – Concept – Administrative practice – Precluded (see paras 64, 67)

Officials – Staff of the European Investment Bank – Remuneration – Annual adjustment of the basic salary scale – Administration's discretion – Respect for acquired rights – Future changes to the regime for the implementation of the annual salary adjustment – Whether permissible

(Staff Regulations of the European Investment Bank, Art. 20)

(see paras 65, 66, 68, 69)

6.	Officials – Staff of the European Investment Bank – Remuneration – Annual adjustment of the basic salary scale – Obligation to remain parallel with changes in how national civil servants are paid – None (Staff Regulations of Officials, Art. 65) (see para. 71)

European Investment Bank – Management Committee – Powers – Management of staff – Scope – Distribution of the annual salary increase as a result of the decision of the Board of Directors on the budget – Included

(Statute of the European Investment Bank, Art. 11(3) and (7); Rules of Procedure of the European Investment Bank, Arts 23(1) and 31)

(see paras 80-84)

Officials – Staff of the European Investment Bank – Remuneration – Submission of proposals by the administration to the Management Committee – Obligation to consult the College of Staff Representatives – Scope – Limits

(Staff Regulations of the European Investment Bank, Arts 24, first para. and 44)

(see paras 88-94)

9.	Officials – Staff of the European Investment Bank – Principles – Prohibition on the withdrawal of a financial benefit without consulting staff – Scope (see paras 96, 97)

10.	Officials – Acts of the administration – Statement of reasons – Obligation – Scope – Act of general application concerning remuneration (Art. 296 TFEU) (see paras 102-104)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking (i) annulment of the decisions contained in the applicants’ pay slips for the month of February 2019 and the subsequent months, applying the decision of the EIB’s Board of Directors of 18 July 2017 defining a new approach to the overall increase in staff salaries applicable to all EIB staff members, the decision of the Board of Directors of 11 December 2018 setting the salary budget for 2019 and the decision of the EIB’s Management Committee of 30 January 2019 setting the adjustment rate of salaries for the year 2019 at 0.8%, and (ii) compensation for the damage allegedly suffered by the applicants as a result of those decisions.

Operative part

The Court:

1.	Dismisses the action;

2.	Orders Mr. Vincent Thunus and the other applicants whose names are set out in the annex to bear their own costs and to pay those incurred by the European Investment Bank (EIB).