THE SPECIAL PROCEDURE PROVIDED FOR IN THE RULES WHICH PROVIDES FOR THE COMMUNICATION OF THE FULL MEDICAL REPORT TO A DOCTOR APPOINTED BY THE OFFICIAL .
6 IN ORDER TO DETERMINE WHETHER THE APPLICANT' S ARGUMENTS ARE WELL FOUNDED IT IS APPROPRIATE TO RECALL THAT ARTICLE 26 OF THE STAFF REGULATIONS PROVIDES FOR THE ESTABLISHMENT OF A PERSONAL FILE FOR EVERY OFFICIAL WHICH CONTAINS ALL DOCUMENTS CONCERNING HIS ADMINISTRATIVE STATUS AND ALL REPORTS RELATING TO HIS ABILITY, EFFICIENCY AND CONDUCT AS WELL AS ANY COMMENTS BY THE OFFICIAL ON SUCH DOCUMENTS . IN ORDER TO GIVE THE OFFICIAL EVERY GUARANTEE AS TO HIS ADMINISTRATIVE STATUS ARTICLE 26 ALSO PROVIDES THAT THERE IS TO BE ONLY ONE PERSONAL FILE FOR EACH OFFICIAL AND THAT THAT OFFICIAL HAS THE RIGHT, EVEN AFTER LEAVING THE SERVICE, TO ACQUAINT HIMSELF WITH ALL THE DOCUMENTS IN HIS FILE AND THAT DOCUMENTS MAY NOT BE USED OR CITED BY THE INSTITUTION AGAINST AN OFFICIAL UNLESS THEY WERE COMMUNICATED TO HIM BEFORE THEY WERE FILED .
7 THE PURPOSE OF THOSE PROVISIONS, AS THE COURT RECOGNIZED IN ITS JUDGMENT OF 28 JUNE 1972 IN CASE 88/71 BRASSEUR (( 1972 )) ECR 499, IS TO GUARANTEE THE OFFICIAL' S RIGHT TO DEFEND HIMSELF BY PREVENTING DECISIONS TAKEN BY THE APPOINTING AUTHORITY AND AFFECTING HIS ADMINISTRATIVE STATUS AND CAREER FROM BEING BASED ON FACTS CONCERNING HIS CONDUCT WHICH ARE NOT CONTAINED IN HIS PERSONAL FILE .
8 IT IS APPARENT FROM THE WORDING AND THE PURPOSE OF ARTICLE 26 THAT ANY DOCUMENT WHICH MIGHT AFFECT THE ADMINISTRATIVE STATUS OF THE OFFICIAL AND HIS CAREER MUST BE PLACED IN HIS PERSONAL FILE .
9 AS REGARDS ACCESS TO DOCUMENTS OF A MEDICAL NATURE IN THE CONTEXT OF A PROCEDURE FOR RECOGNITION OF AN OCCUPATIONAL DISEASE, THE RULES ESTABLISHED A SPECIAL PROCEDURE FOR THE TRANSMISSION TO A DOCTOR APPOINTED BY THE OFFICIAL OF THE FULL MEDICAL REPORT ON WHICH THE DECISION WHICH THE APPOINTING AUTHORITY PROPOSES TO TAKE IS BASED AND FOR RECOURSE TO A MEDICAL COMMITTEE OF WHICH THAT DOCTOR IS A MEMBER .
10 RESPECT FOR THE OFFICIAL' S RIGHTS, IN PARTICULAR THE POSSIBILITY WHICH HE MUST HAVE OF EXAMINING THE REASONS FOR THE DECISION WHICH THE APPOINTING AUTHORITY PROPOSES TO ADOPT AND TO JUDGE WHETHER THAT DECISION IS IN CONFORMITY WITH THE RULES OF THE STAFF REGULATIONS, REQUIRES THAT HE BE GRANTED A MEANS OF ACCESS TO DOCUMENTS OF A MEDICAL NATURE INCLUDING THE FACTUAL FINDINGS ON WHICH THE PROPOSED DECISION IS BASED .
11 THAT POSSIBILITY AFFORDED TO THE OFFICIAL MUST, HOWEVER, BE RECONCILED WITH THE REQUIREMENTS OF MEDICAL CONFIDENTIALITY WHICH MAKE EVERY DOCTOR THE JUDGE OF WHETHER HE CAN INFORM THE PERSONS WHOM HE IS TREATING OR EXAMINING OF THE NATURE OF THE ILLNESSES FROM WHICH THEY MAY BE SUFFERING ( SEE THE JUDGMENT OF 27 OCTOBER 1977 IN CASE 121/76 MOLLET (( 1977 )) ECR 1971 AND THE JUDGMENT OF 13 APRIL 1978 IN CASE 75/77 MOLLET (( 1978 )) ECR 897 ). THAT MEDICAL