Order — ECLI:EU:F:2015:76
Date: 2015-06-30
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary Officials — Social security — Insurance against the risk of accident and of occupational disease — Expert medical report — Discretion of the Medical Committee — Judicial review — Limits (Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 23) The provisions relating to Medical Committees and Invalidity Committees are designed to confer upon medical experts the task of definitively appraising all medical questions. Judicial review may not extend to medical appraisals properly so-called, which must be considered definitive, provided that the conditions in which they are made are not irregular. Moreover, it is for the Medical Committee to decide to what extent medical reports drawn up previously must be taken into consideration, and the fact that the Medical Committee makes no explicit reference, in its report, to certain documents or, a fortiori, to the content of certain documents is not sufficient to invalidate its findings. (see para. 27) See: Judgment of 23 November 2004 in O v Commission, T‑376/02, EU:T:2004:338, para. 29 and the case-law cited therein Judgment of 2 October 2013 in Nardone v Commission, F‑111/12, EU:F:2013:140, para. 48 and the case-law cited therein