Judgment of the Court (Third Chamber) of 12 January 1983. - K v Council of the European Communities. - Official - Occupational disease. - Case 257/81.
European Court reports 1983 Page 00001
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . OFFICIALS - COMPENSATION FOR ACCIDENTS AND OCCUPATIONAL DISEASES - INVALIDITY PENSION - DIFFERENT BENEFITS - SEPARATE PROCEDURES
( STAFF REGULATIONS OF OFFICIALS , ARTICLES 73 AND 78 )
2 . OFFICIALS - INVALIDITY PENSION - DETERMINATION OF THE AMOUNT OF THE PENSION UNDER THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS - LAWFULNESS - CONDITIONS
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 78 PARAGRAPHS 2 AND 3 )
Summary
1 . A COMPARISON OF ARTICLES 73 AND 78 OF THE STAFF REGULATIONS OF OFFICIALS INDICATES THAT THE BENEFITS AVAILABLE UNDER THE TWO PROVISIONS ARE DIFFERENT AND INDEPENDENT OF ONE ANOTHER . THAT VIEW IS CONFIRMED BY ARTICLE 25 OF THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE , WHICH STATES THAT RECOGNITION OF PARTIAL OR EVEN TOTAL PERMANENT INVALIDITY PURSUANT TO THOSE RULES ' ' SHALL IN NO WAY PREJUDICE APPLICATION OF ARTICLE 78 OF THE STAFF REGULATIONS AND VICE VERSA ' ' .
IT THEREFORE FOLLOWS THAT FINDINGS AS TO THE EXISTENCE OF TOTAL PERMANENT INVALIDITY PREVENTING THE OFFICIAL FROM PERFORMING THE DUTIES CORRESPONDING TO A POST IN HIS CAREER BRACKET , WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , AND AS TO THE CAUSE OF SUCH INVALIDITY SHOULD BE MADE IN ACCORDANCE NOT WITH THE INSURANCE RULES BUT WITH THE PROCEDURE LAID DOWN IN THE RULES RELATING TO THE PENSION SCHEME , IN THIS CASE ANNEX VIII TO THE STAFF REGULATIONS .
2 . IT IS FOR THE OFFICIAL TO REQUEST THE BENEFIT OF THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , AND IN THE ABSENCE OF SUCH A REQUEST THE ADMINISTRATION NEED NOT , IN THE COURSE OF THE PROCEDURE FOR RETIREMENT ON THE GROUND OF INVALIDITY , CAUSE TO BE EXAMINED AND DETERMINE , AS A MATTER OF COURSE , THE CAUSE OF THE INVALIDITY .
CONSEQUENTLY , THE ADMINISTRATION CANNOT BE CRITICIZED FOR DETERMINING THE RETIREMENT PENSION OF AN OFFICIAL IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , WHERE THE OFFICIAL IN QUESTION DID NOT REQUEST A DECLARATION THAT HIS INVALIDITY HAD BEEN CAUSED BY AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF THE SECOND PARAGRAPH OF THAT ARTICLE .
Parties
IN CASE 257/81
K ., A FORMER PRINCIPAL ADMINISTRATOR AT THE COUNCIL OF THE EUROPEAN COMMUNITIES , RESIDENT IN RIXENSART , BELGIUM , REPRESENTED BY GEORGES VANDERSANDEN OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JANINE BIVER ,
APPLICANT ,
V
COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY R . O . DALCQ OF THE BRUSSELS BAR , WITH