CASE THE ILLNESS OF AN OFFICIAL MAY , NOTWITHSTANDING THE OPINION OF A MEDICAL EXPERT CONSULTED ABOUT THE CASE , BE DUE TO FACTORS OTHER THAN THOSE RELATING TO THE OFFICIAL ' S CONDITIONS OF WORK . HOWEVER , IN A CASE SUCH AS THIS , THE COURT MAY EXAMINE WHETHER AN EXPERT WHO HAS BEEN CONSULTED KEPT WITHIN THE LIMITS OF THE RELEVANT RULES WHEN REFERRING IN HIS OPINION TO AN OCCUPATIONAL DISEASE .
18 IT MUST NEXT BE STATED THAT BY EMPHASIZING THE IMPORTANCE OF THE PARTICULAR RISKS INHERENT IN THE PERFORMANCE OF SPECIFIC DUTIES BY THE OFFICIAL IN QUESTION , THE DEFENDANT MISINTERPRETS THE SCOPE OF THE CONCEPT OF OCCUPATIONAL DISEASE AS APPEARING IN THE RELEVANT PROVISION IN THIS CASE , NAMELY ARTICLE 3 ( 2 ) OF THE JOINT RULES . ALTHOUGH THE FIRST PARAGRAPH OF THAT ARTICLE REQUIRES THE OFFICIAL TO HAVE BEEN EXPOSED TO THE RISK OF CONTRACTING CERTAIN DISEASES , THE SECOND PARAGRAPH ADDS A SECOND CATEGORY OF OCCUPATIONAL DISEASES BY PROVIDING THAT DISEASES WHICH ARISE ' IN THE COURSE OF OR IN CONNECTION WITH THE PERFORMANCE OF HIS DUTIES ' ARE ' ALSO ' TO BE CONSIDERED OCCUPATIONAL DISEASES .
19 IN THIS CASE IT HAS NOT BEEN DISPUTED THAT THE OFFICIAL CONCERNED IS SUFFERING FROM 100% TOTAL INVALIDITY ; THAT SINCE HE TOOK UP HIS DUTIES IN 1964 , HIS CAREER HAD BEEN SUBJECT TO ABNORMAL CONDITIONS FROM THE POINT OF VIEW OF SECURITY OF EMPLOYMENT AND OF THE NATURE OF THE DUTIES ASSIGNED TO HIM ; AND THAT , FINALLY , THE REPORT DRAWN UP BY THE SPECIALIST IN PSYCHOSOMATIC ILLNESSES ESTABLISHED A CAUSAL LINK BETWEEN THOSE CONDITIONS AND THE OFFICIAL ' S INCAPACITY .
20 ON RECEIVING THAT REPORT , THE COMMISSION WAS UNABLE TO COME TO ANY CONCLUSION OTHER THAN THAT THERE WAS A RELATIONSHIP OF CAUSE AND EFFECT BETWEEN MR X . ' S CONDITIONS OF WORK AND HIS STATE OF HEALTH . IN REPLY TO THE COMMISSION ' S QUESTION WHETHER ANY ' CONCOMITANT EXTERNAL OR PERSONAL FACTORS ' AFFECTING THE OFFICIAL ' S INVALIDITY COULD BE DISCERNED , THE SPECIALIST STATED THAT MR X . ' S INCURABLE MENTAL ILLNESS AROSE FROM OCCUPATIONAL FACTORS UNAFFECTED BY CONCOMITANT EXTERNAL OR PERSONAL FACTORS .
21 IT FOLLOWS FROM THE FOREGOING THAT NEITHER THE SPECIALIST ' S TERMS OF REFERENCE NOR THE TERMS IN WHICH SHE DRAFTED HER REPORT LEAVE ANY DOUBT THAT SHE WAS SUFFICIENTLY INFORMED OF THE COMPASS OF HER TASK .
22 CONSEQUENTLY , THE DEFENDANT WAS NOT JUSTIFIED IN REFUSING TO INDEMNIFY THE COMMISSION FOR THE SUM WHICH IT PAID TO MR X . UNDER ARTICLE 73 OF THE STAFF REGULATIONS .
23 IT IS THEREFORE NECESSARY TO ORDER THE DEFENDANT TO PAY TO THE COMMISSION THE SUM OF BFR 4 352 040 TOGETHER WITH INTEREST AT THE RATE OF 8% FROM 30 NOVEMBER 1983 , THE DATE ON WHICH THE COMMISSION REQUESTED REIMBURSEMENT OF THAT SUM .
Decision on costs
COSTS
24 ACCORDING