Judgment of the General Court (Seventh Chamber) of 25 October 2017 — Lucaccioni v Commission

(Case T‑551/16)

(Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm)

1. Actions for annulment—Judgment annulling a measure—Effects—Obligation to implement—Scope—Adoption of a new measure on the basis of earlier valid preparatory measures—Lawfulness (Art. 266 TFEU) (see para. 52)

2. Acts of the institutions—Temporal application—Procedural rules—Application to proceedings pending at the time when such rules enter into force (see para. 56)

3. Actions brought by officials—Pleas in law—Misuse of powers—Concept (Staff Regulations Arts 90 and 91) (see para. 64)

4. Officials—Social security—Insurance against the risk of accident and of occupational disease—Expert medical report—Discretion of the Medical Committee—Judicial review—Limits—Obligation to state reasons—Scope (Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22) (see paras 78, 79)

5. Officials—Social security—Insurance against the risk of accident and of occupational disease—Medical Committee—Collegiate principle—Scope—Disagreement between the Committee members having signed the report—Infringement of the principle of collegiality—None (Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22) (see paras 82, 83)

6. EU law—Principles—Duty to act within a reasonable time—Infringement in an administrative procedure—Effects (Charter of the Fundamental Rights of the European Union, Art. 41(1)) (see paras 93, 94)

7. Officials—Social security—Insurance against the risk of accident and of occupational disease—Expert medical report—Obligation on the Medical Committee to provide a statement of reasons—Insufficient and inconsistent statement of reasons—Legal consequences—Annulment of the decision based on the Medical Committee’s report (Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22) (see paras 103-105, 109, 114)

8. Actions brought by officials—Action for damages directly linked to an action for annulment—Admissible despite the lack of a pre-litigation procedure in accordance with the Staff Regulations (Staff Regulations, Arts 90 and 91) (see paras 119, 121)

9. Non-contractual liability—Conditions—Unlawfulness—Harm—Causal link—Cumulative conditions (Art. 340, second para. TFEU) (see para. 122)

10. Officials—Social security—Insurance against the risk of accident and of occupational disease—Medical Committee—Duty to act within a reasonable time—Infringement—Ascribable to the administration—Conditions (Rules on insurance against the risk of accident and of occupational disease, Art. 22) (see paras 124, 125, 136)

11. Actions brought by officials—Judgment annulling a measure—Effects—Obligation to implement—Period of waiting extended by unlawfulness of a decision of an institution—Compensation for non-material harm through appropriate reparation (Art. 266 TFEU) (see para. 144)

Re:

ACTION brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20% of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered.

Operative part

The Court:

1. Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20% of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease;

2. Orders the Commission to pay Mr Lucaccioni compensation of EUR 5000 in respect of the non-pecuniary harm caused;

3. Dismisses the remainder of the action;