WHEREAS THE PRESENT PROCEEDINGS CONCERN ARTICLE 78 OF THE STAFF REGULATIONS , RELATING TO INVALIDITY PENSIONS , WHICH ARE GOVERNED BY THE PENSION PROVISIONS CONTAINED IN CHAPTER 3 ( ' ' PENSIONS ' ' ) OF TITLE V OF THE STAFF REGULATIONS . AS THE COURT STATED IN ITS JUDGMENT OF 15 JANUARY 1981 ( CASE 731/79 B . V EUROPEAN PARLIAMENT ( 1981 ) ECR 107 ), A COMPARISON OF ARTICLES 73 AND 78 OF THE STAFF REGULATIONS 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 INSURANCE RULES , 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 ' ' .
11 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 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 ( ' ' PENSION SCHEME ' ' ). ARTICLE 13 THEREOF MAKES IT QUITE CLEAR THAT IT IS FOR THE INVALIDITY COMMITTEE TO MAKE THE FINDINGS IN QUESTION .
12 HOWEVER , THE COUNCIL ' S ARGUMENT MUST BE UPHELD INASMUCH AS 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 .
13 CONSEQUENTLY , THE COUNCIL CANNOT BE CRITICIZED FOR HAVING INITIALLY FIXED THE APPLICANT ' S RETIREMENT PENSION , ON THE BASIS OF ITS DECISION OF 28 NOVEMBER 1980 , IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , SINCE THE APPLICANT HAD NOT REQUESTED A DECLARATION THAT HIS INVALIDITY HAD BEEN CAUSED BY AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF THE SECOND PARAGRAPH OF THAT ARTICLE .
14 NEVERTHELESS , THE COUNCIL WAS NOT ENTITLED TO REJECT HIS COMPLAINT , AS IT DID IN ITS DECISION OF 13 JULY 1981 , WITHOUT CONSIDERING THIS QUESTION , BECAUSE THE APPLICANT HAD , BY THAT VERY COMPLAINT , REQUESTED THAT HIS PENSION SHOULD BE FIXED IN ACCORDANCE WITH THE SECOND PARAGRAPH OF ARTICLE 78 , CLAIMING THAT THE PROBLEMS WHICH HAD LED TO THE RECOGNITION OF HIS INVALIDITY HAD ARISEN IN THE COURSE OF THE PERFORMANCE OF HIS DUTIES .
15 IN SUCH CIRCUMSTANCES THE ADMINISTRATION SHOULD HAVE CONSIDERED AND DETERMINED IN THE PROPER MANNER WHETHER OR NOT THE APPLICANT ' S INVALIDITY HAD ARISEN FROM