Opinion of the Advocate General — ECLI:EU:C:2004:397
Date: 2004-06-29
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases

Summary of the Judgment Officials – Invalidity pension – Initiation of the invalidity procedure – Conditions (Staff Regulations, Art. 78; Annex VIII, Art. 13) It follows from the unequivocal provisions of Article 13 of Annex VIII to the Staff Regulations which lays down, in accordance with Article 78 of the Staff Regulations, the conditions on which an official is entitled to an invalidity pension, that the procedure to establish invalidity may be initiated only in relation to an official who is obliged to end his service with the Communities because he is suffering from an invalidity preventing him from performing his duties. It follows that an official who has left the service several years ago and who suffers from an illness which would render him incapable of performing his duties if he were still in active employment is not entitled to request, on that ground alone, the initiation of the procedure to establish invalidity. (see paras 39-40)