IT FOLLOWS FROM THE FOREGOING THAT THE CONTESTED DECISIONS ARE VITIATED BY ILLEGALITY AND MUST THEREFORE BE ANNULLED , AND THAT THE REMAINDER OF THE APPLICATION MUST BE DISMISSED .
22 IT WILL BE FOR THE APPOINTING AUTHORITY , BEFORE TAKING A DECISION , TO REPEAT THE PROCEDURE PROVIDED FOR IN ARTICLE 29 ET SEQ . OF THE JOINT RULES AND REFER THE MATTER ONCE AGAIN TO THE MEDICAL COMMITTEE , WHOSE TASK IT WILL BE TO EXAMINE WHETHER OR NOT THE CARDIAC FAILURE WHICH CAUSED THE DEATH OF MR SEINGRY WAS AN AGGRAVATION OF A PRE-EXISTING DISEASE AND , IF SO , WHETHER IT IS SUFFICIENTLY ESTABLISHED THAT SUCH AGGRAVATION AROSE IN THE COURSE OF OR IN CONNECTION WITH THE PERFORMANCE BY THE DECEASED OFFICIAL OF HIS DUTIES .
Decision on costs
COSTS
23 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . SINCE THE COUNCIL HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS , APART FROM THOSE OF THE INTERVENER WHICH MUST BE BORNE BY THE INTERVENER .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . ANNULS THE DECISION OF THE SECRETARY GENERAL OF THE COUNCIL OF 19 OCTOBER 1981 REFUSING TO RECOGNIZE THE DISEASE WHICH CAUSED THE DEATH OF RENE SEINGRY AS AN OCCUPATIONAL DISEASE AND THE DECISION OF THE SECRETARY GENERAL OF THE COUNCIL OF 14 MAY 1982 REJECTING THE APPLICANTS ' COMPLAINT ;
2.DISMISSES THE REMAINDER OF THE APPLICATION ;
3.ORDERS THE COUNCIL TO PAY THE COSTS , APART FROM THOSE OF THE INTERVENER .