Keywords

Summary



Keywords

1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - CONCEPT - MENTAL INJURY AFFECTING THE EMOTIONS - INCLUSION - DEGREE OF INVALIDITY - FIXING - METHOD

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - DEGREE OF INVALIDITY - FIXING - INCAPACITY FOR WORK - NO EFFECT

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

3 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - BENEFITS - PAYMENT - DELAY - INTEREST - DAMAGE - WRONGFUL ACT OR OMISSION ON THE PART OF THE ADMINISTRATION - PROOF - OBLIGATION ON THE OFFICIAL CONCERNED

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

4 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - BENEFITS - DUE DATE - DATE ON WHICH DEGREE OF PERMANENT INVALIDITY FINALLY FIXED

Summary

1 . A PERSON WHO , AS A RESULT OF AN ACCIDENT OR AN OCCUPATIONAL DISEASE IS TOTALLY OR PARTIALLY UNABLE TO LEAD A NORMAL ACTIVE LIFE , MUST BE CONSIDERED AS SUFFERING INVALIDITY . IF AN EXPERT MEDICAL ASSESSMENT ESTABLISHES THAT A MENTAL INJURY WHICH ONLY AFFECTS THE EMOTIONS SATISFIES THAT CONDITION THERE IS NOTHING TO PREVENT ITS BEING CONSIDERED AS FALLING WITHIN THE CONCEPT OF INVALIDITY WITHIN THE MEANING OF ARTICLE 73 OF THE STAFF REGULATIONS . THE FACT THAT INJURIES OF THAT NATURE DO NOT APPEAR IN THE TABLE OF DEGREES OF PARTIAL PERMANENT INVALIDITY ANNEXED TO THE INSURANCE POLICY IS OF NO RELEVANCE IN THIS CONNEXION . LIKE ANY OTHER CASE FOR WHICH NO PROVISION IS MADE IN THE TABLE THE QUESTION OF SUCH AN INJURY MUST BE RESOLVED BY FIXING THE DEGREE OF INVALIDITY BY ANALOGY WITH REFERENCE TO THOSE CASES FOR WHICH EXPRESS PROVISION IS MADE .

2 . THE INVALIDITY BENEFIT PROVIDED FOR IN ARTICLE 73 DIFFERS FROM THE INVALIDITY PENSION PROVIDED FOR IN ARTICLE 78 , WHICH IS ONLY AWARDED IN THE CASE OF INCAPACITY FOR WORK . THE BENEFIT PROVIDED FOR IN ARTICLE 73 , ON THE OTHER HAND , IS PAID WHATEVER THE CAPACITY OF THE PERSON CONCERNED TO CONTINUE TO PERFORM HIS DUTIES . PARTIAL PERMANENT INVALIDITY GIVES RISE TO A RIGHT TO THE BENEFIT EVEN IF IT DOES NOT IN ANY WAY AFFECT THE ABILITY OF THE PERSON CONCERNED TO PERFORM HIS DUTIES . MOREOVER , THE DEGREE OF INVALIDITY , WHICH IS ONE OF THE FACTORS WHICH DETERMINE THE AMOUNT OF THE BENEFIT , IS FIXED AT FLAT RATES IN ACCORDANCE WITH A GENERAL SCALE WHICH DOES NOT TAKE ACCOUNT OF THE NATURE OF THE OFFICIAL ' S EMPLOYMENT . A GIVEN CATEGORY OF INJURIES , WHICH IN ONE OFFICIAL AMOUNTS TO TOTAL INCAPACITY FOR WORK BUT DOES NOT AFFECT THE CAPACITY FOR WORK OF ANOTHER OFFICIAL , GIVES A RIGHT TO THE SAME BENEFIT IN EACH CASE . ALTHOUGH IT IS TRUE THAT IN A GENERAL WAY THE DEGREE OF INCAPACITY FOR WORK FORMS THE BASIS FOR THE DEGREES OF INVALIDITY FIXED BY THE SCALE IT CANNOT BE SAID THAT THAT HAS BEEN THE ONLY DECISIVE CRITERION AND IT IS IN ANY EVENT ESTABLISHED THAT THE DEGREE OF INCAPACITY IS OF NO IMPORTANCE IN DETERMINING , IN EACH PARTICULAR CASE , THE DEGREE OF INVALIDITY . IN THESE CIRCUMSTANCES ARTICLE 73 CANNOT BE INTERPRETED BY REFERENCE TO COMPARABLE PROVISIONS IN THE LAWS OF THE MEMBER STATES , SPECIAL FEATURES AND CONDITIONS OF APPLICATION WHEREOF ARE , MOREOVER , DIFFERENT FROM THOSE OF THE PROVISION IN DISPUTE . THE RESULT IS THAT INVALIDITY WITHIN THE MEANING OF ARTICLE 73 MUST BE INTERPRETED AS REFERRING TO THE IMPAIRMENT OF THE BODILY OR MENTAL HEALTH OF THE OFFICIAL IRRESPECTIVE OF ANY DEGREE OF INCAPACITY FOR WORK WHICH MAY RESULT FROM THE ACCIDENT .

3 . SINCE THERE IS NO PROVISION IN THE STAFF REGULATIONS OF OFFICIALS OR IN THE INSURANCE POLICY WHICH EXPRESSLY PROVIDES FOR THE PAYMENT OF INTEREST , DELAY IN PAYMENT OF THE INVALIDITY BENEFIT ONLY IMPOSES AN OBLIGATION ON THE INSTITUTION TO PAY INTEREST IF THE OFFICIAL ESTABLISHES THAT SUCH DELAY CONSTITUTES ON THE PART OF THE INSTITUTION A WRONGFUL ACT OR OMISSION WHICH HAS IN FACT CAUSED HIM DAMAGE .

4 . THE BENEFIT PROVIDED FOR IN ARTICLE 73 OF THE STAFF REGULATIONS OF OFFICIALS IS ONLY PAYABLE AS FROM THE DATE ON WHICH THE DEGREE OF PERMANENT INVALIDITY HAS BEEN FINALLY FIXED .