Order — ECLI:EU:F:2011:99
Date: 2011-06-30
Language of the case: Italian
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases

Summary Officials — Social security — Insurance against the risk of accident and of occupational disease — Medical opinion — Duty to act within a reasonable time (Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Arts 19 and 21) The reasonableness of the duration of an administrative procedure must be appraised in the light of the circumstances specific to each case and, in particular, its context, the various procedural stages followed by the institution, the conduct of the parties in the course of the procedure, the complexity of the case and its importance for the various parties involved. As far as concerns the civil service, the institution is responsible for the speed at which the doctors work whom it appoints to issue findings as provided for in Articles 19 and 21 of the Rules on insurance against the risk of accident and of occupational disease. However, in so far as it is proved that a delay is ascribable to the dilatory or obstructive conduct of the official, the institution must not be held responsible for that delay. (see paras 49, 50) See: 17 December 1998, C‑185/95 P Baustahlgewebe v Commission, para. 29; 16 July 2009, C‑385/07 P Der Grüne Punkt-Duales System Deutschland v Commission, paras 181 to 188 22 October 1997, T‑213/95 and T‑18/96 SCK and FNK v Commission, para. 57; 11 April 2006, T‑394/03 Angeletti v Commission, para. 154 1 July 2010, F‑97/08 Füller-Tomlinson v Parliament, para. 167, on appeal before the General Court of the European Union, Case T‑390/10 P