Action brought on 4 May 2019 — Vanhoudt and Others v EIB

(Case T-294/19)

(2019/C 230/71)

Language of the case: English

Parties

Applicants: Patrick Vanhoudt (Gonderange, Luxembourg) and nine other applicants (represented by: A. Haines, Barrister)

Defendant: European Investment Bank (EIB)

Form of order sought

The applicants claim that the Court should:

—	annul the EIB’s decision of 31 January 2019 refusing to compensate the applicants for their uncompensated losses and refusing to share the SPAC simulation tool and its results;

—	further, or in the alternative, order the EIB to compensate the applicants for the non-material damage flowing from and caused by the EIB’s decision to withhold the SPAC simulation tool and/or its results;

—

order the EIB to disclose the SPAC actuarial simulation tool and its results in the form of print-outs of the actuarial simulations in order that the applicants can evaluate their uncompensated loss, and thus, the adequacy — or lack thereof — of the compensatory measures provided to them by the EIB following reforms to their pension and remuneration;

—	order the EIB to bear the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law, in so far as their application for annulment is concerned, and on the other grounds indicated below in relation to their request that the Court order production of the said simulation tool and its results.

1.	First plea in law, regarding the annulment claim, alleging breach of the paragraphs 9, 10 and 14 to 18 of the Memorandum of Understanding and the accompanying side letter entered into by the EIB and its staff representatives on 18 May 2009.

2.	Second plea in law, regarding the annulment claim, alleging breach of the principle of legitimate expectations.

3.	Third plea in law, regarding the annulment claim, alleging breach of the right to an effective remedy, good administration and transparency.

4.	Fourth plea in law, regarding the annulment claim, alleging breach of access to personal data.

In relation to the claim for production of the said simulation tool and its results, the applicants argue, further, as follows.

—	The EIB’s failure to disclose the SPAC actuarial simulation tool is in breach of Articles 41, 42 and 47 of the Charter of Fundamental Rights of the European Union and of Article 15(1) and 15(3) of the TFEU;

—	The EIB is infringing the applicants’ rights of access to personal data in breach of Articles 14 and 17 of Regulation (EU) 2018/1725 of the European Parliament and of the Council. (1)

(1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).