2

The factual background to the dispute is set out in the following terms in paragraphs 3 to 30 of the judgment under appeal: ‘3 On 18 March 2005, [AV] underwent a medical examination with a view to being appointed by the Commission as a temporary member of staff under a fixed-term contract for the period from 16 April 2005 to 15 April 2009. During that examination, [AV] signed a form in which he declared that there were no personal risk factors affecting him other than a form of dyslipidaemia, that he had no medical history and that he was not under any pharmacological therapy. 4 The medical officer who carried out the pre-recruitment medical examination, Dr A, expressed the opinion that [AV] was physically fit to perform the duties for which he was to be appointed. 5 On 16 April 2005, [AV] took up his duties with the Commission and was assigned to the Joint Research Centre (JRC) in Ispra (Italy). 6 On 26 June 2005, the medical officer from the Ispra medical service diagnosed [AV] as suffering from a psychiatric illness. On 21 July 2005, [AV] informed the head of the Ispra medical service that he had been receiving treatment for such illness for around 15 years. In addition, a report prepared by the head of the Ispra medical service shows that, during an interview with [AV] on 5 December 2005, [AV] confirmed when questioned that he had failed to mention at his pre-recruitment medical examination that he suffered from that illness. 7 [AV] took numerous days of sick leave which led to the Commission deciding, on 12 September 2008, to place him on unpaid leave pursuant to Article 16 of the CEOS. 8 On 17 November 2008, counsel for [AV] applied for the matter to be referred to the Invalidity Committee. 9 By a letter of 16 February 2009, the authority empowered to conclude contracts informed [AV] that, by decision of 4 February 2009, it had decided to refer his case to the Invalidity Committee. 10 On 9 May 2009, the Invalidity Committee unanimously found that, on account of his psychiatric illness, [AV] was suffering from total permanent invalidity making it impossible for him to perform the duties associated with his post. 11 On 24 July 2009, the head of the Ispra medical service informed counsel for [AV] of the Invalidity Committee’s findings, of the decision of 9 July 2009 taken by the authority empowered to conclude contracts to defer [AV’s] medical cover retroactively from the date he entered into service and of the decision of 13 July 2009 taken by that same authority to terminate [AV’s] employment due to his permanent invalidity and not to grant him the invalidity allowance. 12 [AV] lodged a complaint against the decisions of 9 July 2009 and 13 July 2009. Following that complaint, the authority empowered to conclude contracts withdrew those decisions, on 5 February 2010. 13 By letter of 5 February 2010, the authority empowered to conclude contracts invited [AV] to make representations explaining why he had not, at his pre-recruitment medical examination, declared “an illness from which he [had] been suffering for many years and for which he was still receiving treatment at the time [of signing the form at the pre-recruitment examination]”. 14 [AV] made representations in a letter of 15 February 2010, which were further clarified in a letter from his counsel of 16 February 2010. [AV] confirmed, inter alia, that, at the time of his pre-recruitment medical examination, he was in an “optimal” state of health, that he had “held positions of responsibility in private companies for many years” and that, at the time of his appointment, the illness from which he suffered was “but a memory”. 15 By an internal note of 3 March 2010, the head of the Ispra medical service, Dr B, informed the Director-General of the Directorate-General (DG) for Human Resources and Security that if, at his pre-recruitment medical examination, [AV] had mentioned the condition from which he suffered, the doctors would have declared him “unfit” for the post of skilled worker or “fit with reservations” for a purely administrative post (“the note of 3 March 2010”). 16 On 12 April 2010, the authority empowered to conclude contracts decided that the deferment of medical cover provided for in the first paragraph of Article 32 of the CEOS should be applied to [AV] with retroactive effect from the date of his appointment, holding, in essence, that, if [AV] had mentioned his pre-existing illness at the time of his pre-recruitment medical examination, “his medical cover would have been deferred” (“the decision of 12 April 2010”). 17 On 16 April 2010, the authority empowered to conclude contracts decided, first, to “suspend [AV’s] service from 30 April 2010” on account of his total invalidity and, secondly, not to grant him the invalidity allowance as his invalidity was “the same as that which was the subject of the medical cover deferment” (“the decision of 16 April 2010”). 18 By an application received by the Court Registry on 31 March 2011 and registered under reference F‑4/11, [AV] sought the annulment of the decisions of 12 April 2010 and 16 April 2010. 19 By judgment of 10 July 2012, AV v Commission (F‑4/11, EU:F:2012:96, “the judgment of 10 July 2012”), the Court annulled the decision of 12 April 2010 and the decision of 16 April 2010 in so far as the latter refused to grant [AV] the invalidity allowance. 20 In particular, the Court held that, “in a particular case where, after the pre-recruitment medical examination, it is apparent that a staff member did not answer sincerely and completely the questions asked about his health by the medical officer during that examination, the authority empowered to conclude contracts of employment may withdraw its original decision not to defer medical cover and take a fresh decision applying that deferment retroactively”. The Court added that “the authority empowered to conclude contracts of employment is nevertheless first required to follow the procedure provided for in Article 32 of the CEOS, that is to say, it must first refer the matter to the medical officer so that he can issue an opinion on the question whether the sickness or invalidity warranted deferring medical cover when the staff member was engaged, and second, it must inform the staff member of the decision it has taken on the basis of that opinion, so that the staff member may, if appropriate, lodge an appeal with the Invalidity Committee”. According to the Court, “such a question, which involves ascertaining whether the sickness or invalidity was capable of resulting in the staff member’s invalidity or death within a period of five years from the date of his entering the service of the institution, is of a medical nature and is strictly a matter for the medical officer and, on appeal, the Invalidity Committee” (judgment of 10 July 2012, paragraph 34). 21 The Court went on to hold that the Commission was justified in maintaining that [AV] had not answered sincerely and completely the questions asked by the medical officer during the pre-recruitment medical examination (judgment of 10 July 2012, paragraph 36), but that neither the medical officer nor the Invalidity Committee was seised with the precise question of whether, had the illness been declared during the pre-recruitment medical examination, the medical service would have considered it to be an illness in respect of which medical cover should be deferred in view of its effects and consequences (judgment of 10 July 2012, paragraphs 37 [to] 40). With particular regard to the note of 3 March 2010, the Court held that the Commission had expressly confirmed that the authority empowered to conclude contracts did not base the decision of 12 April 2010 on that note (judgment of 10 July 2012, paragraph 39). 22 By letter of 20 July 2012, the Commission notified [AV] that it considered that “the correct means of enforcing the judgment [of 10 July 2012] would be to reconvene the Invalidity Committee, so that it can answer the question framed in paragraphs 37 [to] 40 of the grounds [of the judgment], in other words, whether, had [AV’s] illness been declared at the pre-recruitment medical examination, it would have warranted the deferment of medical cover”. In the same letter, the Commission invited [AV] to nominate a doctor to represent him before the Invalidity Committee. 23 On 7 February 2013, [AV] nominated a doctor to represent him before the Invalidity Committee. The Commission nominated a doctor in March 2013 and the Invalidity Committee met on 30 April 2013. 24 By letter of 16 December 2013, [AV] asked the doctor who had represented the Commission before the Invalidity Committee to send him the committee’s findings and, if applicable, the decision taken by the authority empowered to conclude contracts. 25 By letter of 10 April 2014, the Commission sent [AV] the findings of the Invalidity Committee, according to which, if [AV] had declared his illness at his pre-recruitment medical examination, “the medical officer … would have asked the [authority empowered to conclude contracts] to defer medical cover [pursuant] to [Article] 32 of the [CEOS]”. 26 By letter of 10 April 2014, [AV] asked the Commission to indicate the reasons for the delay in notifying him of the findings of the Invalidity Committee and to inform him whether the authority empowered to conclude contracts had adopted a decision following those findings. 27 On 16 September 2014, the Commission decided to apply to [AV] the deferment of medical cover provided for by Article 32 of the CEOS, for a period of five years commencing on the date he began service as a temporary member of staff, namely 16 April 2005, and not to grant him an invalidity allowance, as his invalidity was the same as that which was the subject of the medical cover deferment (“the contested decision”). 28 On 22 December 2014, [AV] submitted a complaint, within the meaning of Article 90(2) of the Staff Regulations of Officials of the European Union, against the contested decision. In addition, [AV] requested, “based on the findings of the Invalidity Committee of 30 April 2013”, to be suspended from service and to be granted an invalidity allowance. Finally, he claimed compensation of EUR 50000 for infringement of Article 41(1) of the Charter of Fundamental Rights of the European Union. 29 By decision of 21 April 2015, the Commission rejected [AV]’s complaint. 30 On 22 June 2015, [AV] asked to be granted legal aid, pursuant to Article 110 of the Rules of Procedure, with a view to bringing proceedings against the contested decision. [AV] was granted legal aid by an order of the President of the Court of 9 September 2015.’