137

The judgment after referral (paragraphs 131 to 136) states as follows with regard to Leussink and Lucaccioni: ‘131. In the case which gave rise to [Leussink], the Court of Justice had occasion to rule on the question of whether[, as the Commission claimed (paragraph 10 of that judgment),] the insurance against risks of accident provided for by Article 73 of the Staff Regulations constituted an exhaustive compensation scheme which, in the event of an accident at work, had the effect of preventing any other claim for damages based on the principles of ordinary law. Mr Leussink, his wife and their four children had brought a supplementary claim for damages, arguing that the compensation provided for in Article 73 of the Staff Regulations covered only the economic consequences of the accident, and not the non-material damage. The Court first held, in paragraph 11 of the judgment, that the cover provided for by Article 73 of the Staff Regulations was based on a general contributory scheme of insurance against risks of accident during or outside working hours, and that entitlement to benefit did not depend on who caused the accident or on whether that person was liable. In paragraph 13 of the judgment, the Court went on to hold that, in the absence of any express provision concerning supplementary claims against the institution in the rules, no argument could be derived from those rules for the purpose of denying to the official and his family the right to seek additional compensation where the institution was responsible for the accident according to ordinary law, and the benefits payable under the scheme established under the Staff Regulations were insufficient to provide full compensation for the injury suffered. … 133. In relation to [Lucaccioni], the Court confirmed, in paragraph 23 [of that judgment], that benefits received under Article 73 of the Staff Regulations following an accident or the onset of an occupational disease must be taken into account by the Courts of the Union for the purposes of assessing the harm eligible for reparation in an action for damages brought by an official on the basis of a fault capable of rendering the institution by which he was employed liable. 134. Thus, [Leussink and Lucaccioni] clarified the relationship between the benefits received under Article 73 of the Staff Regulations, following an accident or the onset of an occupational disease, and the system of compensation under ordinary law. 135. In the first place, the system provided for in Article 73 of the Staff Regulations and that existing under ordinary law are complementary, such that it is possible to make a claim for additional compensation where the institution is responsible for the accident under ordinary law and the benefits payable under Article 73 of the Staff Regulations are insufficient to provide full compensation for the injury suffered ([Leussink], paragraph 13). 136. In the second place, in applying that principle, the case-law has also made clear that the benefits received under Article 73 of the Staff Regulations, following an accident or the onset of an occupational disease, must be taken into account for the purposes of assessing the harm eligible for reparation in an action for damages brought by an official on the basis of a fault capable of rendering the institution by which he was employed liable. If it were otherwise, there would be double compensation ([Lucaccioni]).’