CJEU Case C-558/17 P/ Judgment

Key facts

By her appeal, OZ asks the Court of Justice to set aside the judgment of the General Court of the European Union of 13 July 2017, OZ v EIB (T‑607/16, not published, ‘the judgment under appeal’, EU:T:2017:495), by which the General Court dismissed her action seeking, first, annulment of the report of the Investigation Panel of the European Investment Bank (EIB) of 14 September 2015 and the decision of the President of the EIB of 16 October 2015 not to take action on her complaint alleging sexual harassment (‘the decision at issue’) and, second, compensation for the damage which she claims to have suffered as a result of that report and that decision.

Judgement

On those grounds, the Court (Third Chamber) hereby:

1. Sets aside the judgment of the General Court of the European Union of 13 July 2017, OZ v EIB (T‑607/16, not published, EU:T:2017:495), in so far as it rejected, first, the heads of claim seeking damages set out by OZ in her application based on the liability of the European Investment Bank (EIB) for alleged unlawful acts committed during the investigation procedure, including the failure to respect the appellant’s right to a fair hearing, and, second, the head of claim seeking annulment set out in the application;

2. Dismisses the appeal as to the remainder;

3. Annuls the decision of the President of the European Investment Bank of 16 October 2015 to take no further action on the complaint alleging sexual harassment made by OZ;

4. Dismisses the action as to the remainder;

5. Orders the European Investment Bank to bear its own costs and to pay those incurred by OZ relating to the proceedings at first instance and the appeal proceedings.