ON 21 JANUARY 1987,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 19 MARCH 1987,
GIVES THE FOLLOWING
JUDGMENT
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 5 AUGUST 1985 MR GEIST, A FORMER OFFICIAL OF THE COMMISSION, BROUGHT AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY AGAINST TWO COMMISSION DECISIONS OF 27 JULY 1984, THE FIRST RETIRING HIM WITH AN INVALIDITY PENSION CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS AND THE SECOND RESTORING HIS ENTITLEMENT TO REMUNERATION WITH EFFECT ONLY FROM 1 JUNE 1983 .
2 AFTER WORKING FOR THE COMMISSION AS AN ENGINEER SPECIALIZING IN THE NUCLEAR FIELD MR GEIST WAS ASSIGNED TO THE ISPRA CENTRE . HE TOOK THE VIEW THAT THAT ASSIGNMENT DID NOT CORRESPOND TO HIS QUALIFICATIONS, AND THEREFORE STOPPED ALL WORK IN 1976 . TWO SUCCESSIVE INVALIDITY COMMITTEES WERE CHARGED WITH THE TASK OF DETERMINING WHETHER HIS ABSENCE WAS JUSTIFIED ON MEDICAL GROUNDS . THEY CONSIDERED THAT MR GEIST WAS FIT TO WORK . NEVERTHELESS MR GEIST REFUSED TO RESUME WORK, AND THE COMMISSION ACCORDINGLY SUSPENDED PAYMENT OF HIS SALARY FROM 1 JANUARY 1981 PURSUANT TO ARTICLE 60 OF THE STAFF REGULATIONS . MR GEIST DID NOT RESUME WORK BUT SUBMITTED FURTHER MEDICAL CERTIFICATES WHICH IN HIS VIEW COVERED HIS ABSENCE . A THIRD INVALIDITY COMMITTEE MET IN JANUARY 1983 . IT CONSIDERED THAT MR GEIST WAS ABSENT FROM WORK WITHOUT DUE CAUSE .
3 ON 22 FEBRUARY 1984, WITHOUT HAVING RESUMED WORK, MR GEIST REQUESTED EARLY RETIREMENT AND "APPLICATION OF ARTICLE 78 OF THE STAFF REGULATIONS AND THE RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE ". IN RESPONSE TO THAT REQUEST A FOURTH INVALIDITY COMMITTEE WAS CHARGED IN JUNE 1984 WITH THE TASK OF DETERMINING WHETHER MR GEIST WAS SUFFERING FROM A DISABILITY AND TO ASSESS THE VALIDITY OF THE MEDICAL CERTIFICATES WHICH HE HAD CONTINUED TO SUBMIT AFTER JANUARY 1983 .
4 THE INVALIDITY COMMITTEE DELIVERED ITS REPORT ON 19 JULY 1984 . IT DECLARED THAT MR GEIST WAS SUFFERING FROM "TOTAL PERMANENT INVALIDITY PREVENTING HIM FROM PERFORMING THE DUTIES CORRESPONDING TO A POST IN HIS CAREER BRACKET ". WITH REGARD TO THE CAUSE OF HIS INVALIDITY THE COMMITTEE REFERRED TO A SEPARATE SHEET WHICH STATED "THAT IT APPEARS THAT OCCUPATIONAL STRESS PLAYED A PART IN MR GEIST' S INVALIDITY BUT SINCE IN HIS CASE THAT HAS NO SIGNIFICANT EFFECT THE COMMITTEE DID NOT CONSIDER IT NECESSARY TO GO INTO THAT QUESTION ". THE INVALIDITY COMMITTEE FOUND THAT THE MEDICAL CERTIFICATES SUBMITTED AFTER JANUARY 1983, WHEN THE PREVIOUS INVALIDITY COMMITTEE HAD MET, WERE VALID AND ESTABLISHED MR GEIST' S INCAPACITY FOR WORK FROM 1 JUNE 1983 UNTIL JUNE 1984 .
5 ON THE BASIS OF THAT REPORT THE COMMISSION RETIRED MR GEIST ON 27 JULY 1984 AND GRANTED HIM AN INVALIDITY PENSION CALCULATED IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS